LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


OK 


Accession 


— \ 


SPANISH 


PUBLIC  LAND  LAWS 

(ENGLISH  TRANSLATION) 


IN    THE 


PHILIPPINE   ISLANDS 


THEIR  HISTORY  TO  AUGUST  13,  1898. 


TRANSLATED  AND  COMPILED  IN  THE  FORESTRY  BUREAU 

UNDER  THE  DIRECTION  OF 

CAPT.  GEOKGE   P.  AHEKN,  Ninth  U.  S.  Infantry, 

In  Charge  of  Forestry  Bureau. 

ASSISTED  BY 

GREGORIO  BASA,  Assistant  Forester. 


of 


PUBLISHED  THROUGH  THE  DIVISION  OF  INSULAR  AFFAIRS, 
WAR  DEPARTMENT. 




WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1901. 


O  ON  TENTS. 


Page. 

List  of  authorities  consulted 5 

Spanish  public  land  laws  in  the  Philippine  Islands 7 

History  of  the  land  laws  in  the  Philippine  Islands  to  August  13,  1898 7 

Land  law  in  force  in  the  Philippine  Islands  August  13,  1898 9 

Chapter  I. — Salable  and  reservable  land 9 

Chapter  II. — Adjustment  of  lands 10 

Chapter  III. — Alienation  of  public  lands 11 

Chapter  IV. — Procedure  necessary  to  acquire  prescriptive  title 15 

Chapter  V. — Town  property  and  common  use  thereof 16 

Regulations  for  the  execution  of  the  royal  decree  of  February  13,  1894 19 

Chapter  I. — Salable  and  reservable  lands 19 

Chapter  II. — Adjustment  of  lands 20 

Chapter  III. — Alienation  of  Crown  lands 29 

Abstract  of  the  principal  decrees,  orders,  circulars,  etc.,  relating  to  State  lands.  37 

Laws  relating  to  the  sale  of  lands 37 

Agricultural  colonies 41 

Adjustment  of  State  lands 41 

Remarks  by  Gregorio  Basa,  assistant  forester 50 

Index 56 

3 


AUTHORITIES  CONSULTED. 


Manila  Gaceta  . Complete  from  the  year  1861,  in 

office     of     Superior      Provost 
Court,  Manila. 

Diccionario   de  Administracion —     Complete  in  Bureau  of  Archives; 
R.  Berriz.  complete  in  Forestry  Bureau. 

(7  uia  del  Comprador  de  Terrenes —     One    private    copy    in    Forestry 
baldios     realengos — R.    Berriz        Bureau. 
(Guide     to     purchaser     public 
hinds.) 

Librito  de  Disposiciones  Oficiales     For    la    Insp.    Gen.    de    Montes. 
(Book  of  official  acts).  One  private  copy  in  Forestry 

Bureau. 

Legislacion  Ultramarina  .  Por  R.  San  Pedro.     Complete  in 

Bureau  of   Archives;  complete 
in  Forestry  Bureau. 

Faro  Administrative. .  Copy  in  Forestry  Bureau. 

Boletin  del  Ministerio  de  Ultramar     Complete    in    Forestry    Bureau; 
(Supplements  R.  San  Pedro).  complete  in  Bureau  of  Archives. 

Laws  of  the  Indias 

5 


SPANISH  PUBLIC  LAND  LAWS  IN  THE  PHILIPPINE 

ISLANDS. 


HISTORY  OF  THE  LAND  LAWS  OF  THE  PHILIPPINE  ISLANDS  TO 

AUGUST  13,  1898. 

At  the  time  of  the  discovery  of  these  islands  the  population  was 
small  and  the  area  of  unoccupied  land  extensive.  Lands  were  granted 
to  the  discoverers  and  to  the  original  inhabitants  and  their  descendants 
who  were  to  remain  in  the  land. 

(See.  Laws  of  the  Indias,  Volume  IV,  Chapter  XII,  Laws  I,  IV, 
and  X;  Ultramarine  Legislation  by  Rodriguez  San  Pedro,  Volume 
IV,  from  page  666;  Guide  for  the  Purchaser  of  Land,  by  Rodriguez 
Berriz,  from  page  1. 

Although  the  lands,  waters,  etc.,  were  conceded  gratuitously,  the 
same  laws  prescribed  the  conditions  under  which  and  methods  by  which 
these  lands  were  to  be  acquired,  and  also  fixed  the  penalties  which 
would  be  incurred  for  noncompliance  with  said  conditions. 

(Laws  of  the  Indias,  Volume  II,  Law  XXXVI,  and  Volume  IV, 
Chapter  XII,  Laws  II,  III,  V,  VI,  VII,  VIII,  X,  JQ,  and  XIV; 
Ultramarine  Legislation,  by  Rodriguez  San  Pedro,  Volume  IV,  from 
page  666:  Guide,  by  Rodriguez  Berriz,  from  page  2.) 

Laws  were  afterwards  passed  relating  to  adjustments  and  sales  of 
lands. 

(Laws  of  the  Indias,  XV,  XVI,  XVII,  XVIII,  XIX,  XX,  and 
XXI.) 

Ultramarine  Legislation,  by  Rodriguez  San  Pedro,  from  page  669. 

(Guide  for  the  Purchaser  of  Lands,  by  Rodriguez  Berriz,  from 
page  6.) 

This  legislation  was  enacted  to  develop  agriculture  and  benefit  the 
people,  and  protect  not  only  the  new  residents  but  especially  the 
natives  in  their  holdings.  These  acts  manifest  a  paternal  solicitude  in 
their  welfare,  and  showed  a  disposition  to  grant  such  lands  as  they 
needed  and  such  as  would  be  a  benefit  to  them. 

Among  other  acts  was  published  later  the  important  royal  decree 
of  October  15,  1754  (Rodriguez  San  Pedro,  Volume  IV,  p.  673; 
Guide,  by  Rodriguez  Berriz,  p.  41),  concerning  concessions  of  public 
lands. 

7 


8 

Article  81  of  the  ordinance  of  1786  declares  that  the  "intendants" 
shall  be  sole  judges  in  questions  of  sales,  adjustments,  and  divisions  of 
lands  occurring  in  their  districts,  as  well  as  in  questions  of  jurisdic- 
tion. Subsequently  royal  order  of  September  21,  1797,  was  promul- 
gated (Guide,  by  Rodriguez  Berriz,  p.  11)  concerning  sales  and  adjust- 
ments in  these  islands,  and  on  March  23,  1798,  Royal  Cedula  Circular 
was  promulgated  (Ultramarine  Legislation,  by  Rodriguez  San  Pedro, 
Volume  IV,  p.  675;  Guide,  by  Rodriguez  Berriz,  p.  46),  concerning 
the  methods  of  facilitating  the  acquisition  of  concessions  of  public 
lands,  and,  lastly,  the  Cortez  of  Cadiz  passed  a  decree  of  January  4, 
1813,  governing  the  transfer  of  public  and  communal  land  to  private 
ownership.  (Guide,  p.  54.) 

The  foregoing  acts  concerning  lands  form  what  may  be  called  the 
ancient  legislation,  and  have  served  as  a  basis  and  guide  in  the  sales 
and  adjustments  of  concessions  of  lands  in  these  islands  until  the  pro- 
mulgation of  regulations  for  the  sale  and  adjustment  of  lands,  the 
date  of  which  forms  the  commencement  of  what  may  be  termed  the 
modern  legislation. 

Regulations  for  land  sales  were  approved  by  Royal  Decree,  Janu- 
ary '19,  1883,  and  those  for  adjustment  were  confirmed  by  Royal 
Decree,  June  25,  1880. 

Subsequent  legislation  and  orders  governing  sales  and  adjustment 
of  lands  have  been  based  upon  ancient  legislation  and  the  regulations 
approved  by  Royal  Decree,  January  19,  1883. 


LAND  LAW  OF  THE  PHILIPPINE  ISLANDS  IN  FORCE  AUGUST  13, 

1898. 

ROYAL  DECREE. 

At  the  suggestion  of  the  minister  for  the  colonies,  after  consultation 
with  the  council  of  ministers: 

In  the  name  of  my  august  son,  the  King  Don  Alfonso  XIII,  and  as 
Queen  Regent  of  the  Kingdom, 

I  hereby  decree  the  following: 

CHAPTER  I. 

SALABLE    AND    RESERVABLE    LAND. 

ART.  1.  All  land,  soil,  ground  not  under  cultivation,  and  forests  in 
the  Philippine  Islands,  not  included  in  the  following  exceptions,  shall 
be  considered  salable  crown  lands: 

I.  Those  which  have  passed  to  private  ownership  and  have  a  lawful 
holder. 

II.  Those  which  belong  to  forest  zones  which  the  state  desires  to 
hold  for  the  commonwealth. 

III.  Those  which  are  found  within  the  limits  of  the  commons  belong- 
ing to  towns,  or  within  zones  which  have  been  granted  to  said  towns 
for  the  use  of  the  people. 

IV.  Those  which  shall  be  awarded  to  private  ownership,  whether 
b%y  adjustment  or  by  possessory  right  within  the  time  limit  and  in  the 
form  and  manner  as  provided  for  herein. 

ART.  2.  According  to  the  preceding  article  the  lands  referred  to  in 
the  second  and  third  exceptions  are  reserved  to  the  State  and  town, 
respectively.  No  private  ownership  can  be  claimed  in  them  by  any 
process  of  law,  unless  they  are  explicitly  declared  to  be  salable  by 
competent  authority. 

ART.  3.  The  Governor-General  shall  order  that  all  forests  belong- 
ing to  the  state,  which  shall  constitute  the  forest  zones  thereof,  be 
designated,  inventoried,  and  the  limits  marked  out,  employing  for 
such  work  the  services  of  the  corps  of  forestry  engineers  in  provinces 
and  districts  where  cultivation  has  so  far  advanced  or  is  still  advanc- 
ing as  to  be  deemed  prejudicial  to  water  regulations,  public  health, 
climate,  or  public  interests  in  general. 

In  the  remainder  of  the  islands  no  classification  or  reservation  of 
forests  shall  be  made  at  the  present  time,  and  all  crown  lands  shall  be 

9 


10 

considered  salable  until  such  a  time  as  an  order  to  the  contrary  is 
issued,  to  which  reference  is  made  in  the  preceding  paragraph. 

Land  which  is  to  be  finall}r  declared  as  being  reservable  for  state 
purposes,  and  the  approval  or  amendment  of  boundaries  marked  for 
such  forest  zones,  shall  be  made  by  the  Governor-General  at  the  sug- 
gestion of  the  General  Directorate  of  Civil  Administration. 

CHAPTER  II. 

ADJUSTMENT    OF   LANDS. 

ART.  4.  Full  title  to  all  crown  lands  which  were  open  to  adjust- 
ment in  accordance  with  royal  decree  of  June  25,  1880,  but  which 
adjustment  has  not  been  applied  for  up  to  the  date  of  publication  in 
the  Manila  Gazette  (April  17,  1894)  of  this  decree,  shall  be  under- 
stood therefrom  as  having  reverted  to  the  state. 

No  claim  shall  be  allowed,  under  any  form,  or,  at  any  time  made  to 
any  party,  who,  having  the  right  to  such  adjustment,  has,  nevertheless, 
up  to  the  date  above  mentioned,  neglected  applying  for  adjustment. 

ART.  5.  All  persons  who  have  already  applied  for  adjustment  of 
lands  but  who  have  not  yet  secured  it  shall  renew  their  petitions 
within  the  nonextendible  time  of  six  months  from  the  date  of  publica- 
tion of  this  decree  in  the  Manila  Gazette. 

All  such  renewals  not  submitted,  however,  and  adjustments  not 
insisted  upon  by  land  holders  within  the  prescribed  time  limit  shall 
be  barred  and  the  provisions  of  the  preceding  article  applied  to  prop- 
erty covered  only  by  first  application  for  adjustment.  And  property, 
for  which  adjustment  has  not  been  perfected  and  carried  out  after  the 
petitions  therefor  have  been  filed,  shall  be  similarly  treated.  Never- 
theless, where  property  for  which  adjustment  has  been  sought  once 
before  is  sold  within  five  years  from  the  publication  of  this  decree 
the  parties  filing  such  petition  for  adjustment  or  any  of  their  succes- 
sors in  interest  who  are  such  by  right  of  inheritance  shall  have  the 
right  of  preemption  or  "tanteo"1  in  such  property. 

ART.  6.  All  petitions  for  adjustment,  for  which  a  second  petition 
insisting  thereon  has  been  made  within  the  prescribed  time  limit,  shall 
be  disposed  of  in  the  shortest  time  practicable  according  to  the  laws 
in  force  prior  to  the  present  decree,  excepting  as  to  the  provisions  of 
article  8,  by  the  General  Directorate  of  Civil  Administration,  assisted 
by  the  Inspector-General  of  Forests,  whenever  such  property  adjoins 
lands  belonging  to  the  State  or  contains  more  than  30  hectares;  in 
all  other  cases  they  shall  be  disposed  of  by  the  provincial  boards 
established  by  decree  on  municipal  organization  issued  May  19,  1893. 

The  provincial  boards  for  the  adjustment  of  lands  established  by 
Royal  Decree  of  December  26,  1884,  and  confirmed  by  Royal  Decree 

1(rhe  right  to  take  property  at  the  same  price  sold  to  another. 


11 

of  August  31,  1888,  are  hereb}T  dissolved,  as  are  also  local  commissions 
created  by  the  latter  decree.  Municipal  tribunals  of  towns  shall 
assume  the  duties  of  said  local  commissions.  Before  dissolving,  boards 
of  adjustments  are  hereby  directed  to  deliver  to  their  successors,  the 
provincial  boards,  all  records  and  documents  which  they  may  hold  in 
their  possession. 

ART.  7.  No  petition  for  the  adjustment  of  lands  shall  be  received 
after  the  publication  of  this  decree  in  the  Manila  Gazette.  (April  17, 
1894.) 

The  General  Directorate  of  Civil  Administration  shall  immediately 
provide  for  an  index  to  be  made  of  all  petitions  for  the  adjustment  of 
lands  which  have  been  presented  to  date. 

After  the  expiration  of  six  months  (October  17,  1894),  provided  for 
in  article  5,  another  index  of  all  petitions  which  have  been  presented 
a  second  time  by  the  interested  parties  insisting  on  adjustment,  shall 
be  made  with  the  same  promptness. 

Digest  of  both  indices,  sufficient  to  show  what  adjustments  have 
been  petitioned  for  in  each  province  or  district,  shall  be  published  in 
the  Manila  Gazette. 

Certified  copies  of  both  indices  shall  be  sent  to  the  minister  for  the 
colonies. 

ART.  8.  Adjustment  of  land  the  title  to  which  is  taxable  and  which 
is  to  be  granted  through  second  petition  made  at  the  proper  time 
shall  be  made  as  provided  in  article  10,  at  the  mean  price  fixed  by  the 
provincial  board  for  the  sale  of  such  property,  when  said  price  is  not 
definitely  stated  in  the  documents  issued,  according  to  article  6  of 
Royal  Decree  of  June  25,  1880. 

CHAPTER  III. 

ALIENATION   OF   PUBLIC   LANDS. 

ART.  9.  Alienable  crown  lands  may  pass  to  private  ownership  by 
sale,  or  by  grant  to  organizations  forming  colonies,  upon  special  terms 
in  each  case,  or  by  grant  to  agricultural  colonies  as  an  aid  thereto,  in 
the  form  and  manner  established  by  Royal  Decree  of  September  4, 
1884. 

ART.  10.  Such  sales  shall  always  be  for  cash  and  at  the  current 
market  price  of  land  in  the  province,  to  be  determined  by  the  aver- 
age price  per  hectare  (2.47  acres)  obtained  in  the  sale  and  adjustment 
of  lands  during  the  five  preceding  years  in  the  particular  province  or 
district,  without  regard  to  the  quality  of  the  land,  nor  to  local  cir- 
cumstances such  as  exposure,  slope,  and  location.  All  surcharges 
other  than  the  purchase  price  ("sobreprecio,"  such  as  the  expenses  of 
survey,  measurement,  etc.)  shall  be  fixed  separately. 

If,  in   the  five  years  mentioned  in  the  preceding  paragraph,  there 


12 

have  been  no  sales  made  or  taxable  adjustments  had  in  the  province  or 
district  the  price  of  such  crown  lands  shall  be  the  average  market 
price  as  adopted  by  the  adjoining  province  or  district. 

ART.  11.  The  price  per  hectare,  based  upon  the  aforesaid  average, 
shall  be  fixed  for  the  first  time  by  each  provincial  board  within  six 
months  from  the  publication  of  this  decree,  and  shall  be  revised  every 
five  years  thereafter,  after  due  consultation*  is  had,  in  all  cases,  with 
the  municipal  tribunal  and  the  registrar  of  property  of  the  town 
where  the  property  is  situated.  The  board  shall  notify  the  General 
Directorate  of  Civil  Administration  of  the  average  price  agreed  upon. 

The  General  Directorate,  assisted  by  the  Inspector  of  Forests,  shall 
approve  or  change  the  price  thereof,  and  their  decision  shall  be  pub- 
lished in  the  Manila  Gazette  and  also  at  the  capital  of  the  province. 
(See  appendix  for  last  price  list.) 

ART.  12.  No  land  shall  be  sold  before  it  is  surveyed,  its  boundaries 
marked  out,  and  its  extent  measured,  which  action  shall  be  decreed  by 
the  authorities  of  their  own  motion  or  upon  petition  filed;  said  sur- 
vey, etc.,  to  be  made  by  the  employees  of  the  Inspector- General  of 
Forests  or  other  qualified  officials  authorized  for  the  purpose  by  the 
General  Government,  assisted  by  the  captain  of  the  municipal  tribunal, 
one  of  his  lieutenants,  and  two  leading  members  of  the  town  appointed 
by  the  municipal  captain  for  said  purpose.  The  certificate  of  survey 
and  location  of  the  property  shall  contain  all  the  data  called  for  by 
the  mortgage  law  and  its  accompanying  regulations  in  order  to  have  it 
properly  entered  in  the  Register  of  Property.  Furthermore,  the  sale 
must  be  ordered  by  the  General  Directorate  of  Civil  Administration, 
and  advertisements  thereof  must  be  inserted  in  the  official  periodicals 
of  Manila  and  the  capital  of  the  province  in  which  the  property  is 
situated,  describing  the  land  and  stating  the  price  according  to  the 
ruling  market  price.  These  advertisements,  translated  into  the  dialect 
of  the  locality,  must  also  be  published  by  proclamation  and  in  edicts 
which  must  be  posted  on  the  bulletin  boards  of  tribunals  in  the  towns 
in  which  said  property  is  situated  and  in  neighboring  towns  for  two 
months  before  the  da}7  on  which  the  sale  is  to  be  made,  if  such  sale  is 
to  be  made  in  the  island  of  Luzon  or  the  Visayan  Islands,  and  for  six 
months  if  made  in  other  islands  in  the  control  of  the  General  Govern- 
ment. 

^ART  13.  No  land  shall  be  surveyed,  marked  out,  or  measured  hav- 
ing in  view  its  sale,  unless  advertisements  thereof  have  been  previ- 
ously published  for  three  consecutive  days,  by  means  of  proclamations 
in  Spanish  and  in  the  local  dialect,  and  the  same  posted  on  the  bulletin 
boards  of  municipal  tribunals  having  jurisdiction  over  the  land,  for  the 
same  number  of  days. 

ART.  14.  Such  sales  may  be  made  at  the  petition  of  private  parties 
or  at  the  instance  of  the  administration.  If  made  at  the  petition  of  a 


13 

private  party,  the  person  or  corporation  interested  therein  shall  pre- 
sent with  the  petition  a  record,  certified  to  by  the  tribunal  of  the  town 
in  which  the  property  is  located,  containing  the  acknowledgment, 
survey,  and  measurement,  as  provided  by  articles  12  and  13. 

Such  record  shall  be  examined  by  the  provincial  board,  and  any 
errors  it  may  contain  shall  be  corrected  and  forwarded,  together  with 
its  report  thereon,  to  the  General  Directorate  of  Civil  Administration, 
that  the  land  may  be  ordered  sold  if  alienable. 

If  any  reasonable  doubt  exists  as  to  whether  the  land  is  alienable  or 
not.  the  General  Directorate  shall,  before  ordering  the  sale,  take  the 
necessary  steps  to  have  an  investigation  and  settlement  of  pending 
questions  before  the  administration  department  or  before  courts  of 
justice,  according  to  the  nature  of  the  case  and  the  proper  jurisdiction 
of  said  courts. 

After  publication  is  made  of  the  advertisements  provided  for  by 
article  12,  intending  purchasers  shall  file  a  petition  in  writing  with  the 
provincial  board  within  the  period  of  two  months,  as  prescribed  in 
that  article.  If  the  sale  is  made  on  the  petition  of  a  private  party  the 
petitioner  shall  not  be  required  to  file  a  new  petition  in  order  to  be 
considered  as  a  bidder  for  said  lands. 

When  but  one  petition  for  a  piece  of  land  is  filed,  after  the  term 
prescribed  in  the  advertisement  has  expired,  the  provincial  board  shall 
award  the  land  in  question  to  the  petitioner  for  the  price  stated,  with- 
out further  proceedings. 

If  there  are  two  or  more  applicants  for  the  purchase  thereof  an 
auction  shall  be  held  among  them,  for  which  purpose  the  provincial 
board  shall  call  them  together,  after  due  notice  is  given  them  in 
advance,  and  shall  award  the  land  to  the  highest  bidder.  Every  peti- 
tioner for  the  sale  of  land  shall  be  given  a  receipt  for  his  petition  by 
the  provincial  board.  Orders  awarding  lands,  whether  any  bidding 
has  been  made  or  not,  as  the  case  may  be,  shall  be  signed  by  all  the 
members  of  the  provincial  board  present  and  attached  to  the  order  of 
sale,  which  shall  be  forwarded  to  the  General  Directorate  of  Civil 
Administration. 

ART.  15.  After  the  order  of  sale  has  been  examined  by  the  General 
Directorate,  and  all  errors  or  defects  therein  corrected,  the  Gen- 
eral Directorate  shall  approve  the  award,  and  if  it  is  shown  that 
payment  therefor  has  not  yet  been  made,  shall  order  the  same  to  be 
made  within  the  nonextendible  time  of  one  month.  If  payment  is  not, 
however,  made  within  one  month,  the  award  shall  be  considered 
annulled,  with  loss  to  the  person  to  whom  the  land  has  been  awarded 
of  all  rights  arising  out  of  his  being  a  party  to  the  proceedings  of  the 
record.  Once  the  certificate  of  payment  is  attached  to  the  record,  and 
there  is  no  opposition  or  claim  interposed  by  legal  process,  title  to  the 
property  shall  be  issued  by  the  General  Directorate,  but  if  such  opposi- 


14 

tion  is  interposed  by  a  party  claiming  any  right  in  the  land,  then  only 
a  mere  possessory  title  shall  be  issued  instead.  In  this  case  proper 
title  deed  to  the  land  shall  be  finally  issued  at  the  termination  of  the 
litigation,  if  the  sale  is  sustained. 

Title  deeds  referred  to  in  the  preceding  paragraph  shall  be  officially 
forwarded  to  the  proper  registrar  of  property  for  registration  and 
other  entries.  Holders  shall  be  notified  thereof  so  that  they  may  take 
possession  of  their  title  deeds  from  the  registrar's  office. 

ART.  16.  If,  before  the  issuance  of  the  deed  of  sale,  any  claim  is 
interposed,  by  reason  of  the  survey  and  land  marking,  or  the  adver- 
tising, alleging  rights  to  the  land,  proceedings  begun  for  the  sale 
thereof  shall  not  be  suspended,  if  the  person,  corporation,  or  legal 
entity  making  the  claim  is  not  at  the  time  in  possession  of  the  prop- 
erty or  of  the  profits  thereof,  but  the  claimant's  right  of  action  before 
the  courts  of  justice  shall  remain.  If  the  claim  interposed  against  the 
sale  is  made  by  one  in  actual  and  positive  possession  of  the  property, 
total  or  partial,  or  of  the  profits  arising  from  it,  upon  proof  of  the 
fact  of  possession  being  given,  the  sale  proceedings  shall  be  suspended 
for  the  term  of  three  months,  within  which  time  any  legal  action,  for 
which  there  is  ground,  must  be  begun  before  courts  of  justice  having 
jurisdiction  in  the  case.  Such  suspension  shall  continue  from  the 
time  action  is  taken  until  a  final  judgment  is  rendered,  affirming  or 
den}ring  the  right  of  the  claimant,  or  until  the  litigation  is  terminated 
in  some  other  legal  way. 

If,  within  three  months  thereof  no  action  is  taken  before  ordinary 
law  courts,  the  suspension  shall  be  vacated  and  the  sale  proceedings 
shall  be  reopened,  notwithstanding  any  action  which  may  be  com- 
menced later,  in  accordance  with  common-law  proceedings. 

ART.  17.  Where  a  contention  arises  in  the  course  of  sale  proceed- 
ings as  to  whether  or  not  a  piece  of  land  belongs  to  the  commons  of  a 
town,  the  General  Directorate  of  Civil  Administration  shall  have 
original  jurisdiction  thereon. 

When  corporations  or  private  persons  interested  therein  are  unwill- 
ing to  abide  by  the  decision  of  the  General  Directorate  of  Civil  Admin- 
istration, they  may  then  appeal  to  the  contentious  administrative  court 
or  to  an  ordinary  court  of  justice,  according  to  the  jurisdiction  exer- 
cised by  either  court  within  the  legal  time  limits  in  the  first  case,  and 
within  the  one  as  fixed  by  the  preceding  article  in  the  second. 

If  the  municipal  tribunal  of  the  town  concerned  does  not  file  its 
claim  before  the  first  month  is  ended,  which  is  the  period  marked  for 
advertising  the  sale,  no  claim  which  it  may  interpose  and  maintain 
later  shall  avail  against  the  sale  proceedings,  but  such  claim  shall  be 
governed  by  the  general  principles  of  law.  Where  such  a  claim  is  filed 
before  the  expiration  of  the  first  month,  in  the  period  marked  for 


15 

advertising,  the  sale  proceedings  shall  then  be  suspended  until  the  claim 
has  been  finally  decided  upon  or  become  barred. 

ART.  18.  Awards  of  crown  lands  to  persons  who  are  not  Spanish 
subjects  can  only  be  made  upon  the  following  conditions: 

First.  That  the  persons  to  whom  they  are  awarded  shall  reside  in 
the  Philippines  and  shall  be  properly  registered. 

Second.  That  if  they  remove  their  residence  or  domicile  to  some 
other  country,  they  shall  be  required  to  sell  all  such  property  which 
they  may  have  accumulated  to  a  resident  in  the  Philippines. 

Third.  In  cases  of  inheritance,  heirs  who  have  no  residence  in  the 
Philippines  and  other  legal  requirements  are  required  to  sell  just  as 
the  original  owners  were. 

The  acquisition  of  real  estate  in  the  Philippines  by  foreign  associa- 
tions, companies,  or  commercial  bodies,  whether  they  are  residents  in 
the  islands  or  not,  is  absolutely  prohibited. 

CHAPTER  IV. 

PROCEDURE    NECESSARY    TO    ACQUIRE    PRESCIPTIVE    TITLE. 

ART.  19.  Parties  in  possession  of  alienable  crown  lands  which  are 
under  cultivation  and  who  have  not  obtained  nor  petitioned  for  adjust- 
ment up  to  the  date  of  the  publication  of  this  decree  in  the  Manila 
Gazette  may  obtain  free  title  deeds  to  the  property  by  means  of  t4p^s- 
sessory  proceedings "  in  accordance  with  the  laws  of  civil  procedure 
and  the  mortgage  law,  provided  they  have  fulfilled  one  of  the  follow- 
ing conditions: 

First.  To  hold  or  to  have  held  them  under  cultivation  without  any 
interruption  during  the  last  six  years. 

Second.  To  have  held  them  in  possession  uninterruptedly  during 
twelve  years,  having  them  under  cultivation  at  the  time  of  the  "  pos- 
sessory proceedings"  and  during  the  three  years  preceding  thereto. 

Third.  To  have  held  them  in  possession  openly  and  without  inter- 
ruption during  thirty  or  more  years,  although  the  land  has  not  been 
under  cultivation. 

ART.  20.  Holders  who  are  in  actual  possession  of  land  included  in  the 
"legua  cumunal"  (town  commons),  now  under  their  cultivation  or  in 
their  ostensible  possession  up  to  the  time  of  publication  of  the  present 
decree  in  the  Manila  Gazette,  may  secure  a  free  title  deed  on  the  same 
conditions  as  those  established  for  Crown  lands  in  the  preceding 
article.  Beyond  these  exceptions  the  provisions  of  article  2  shall  be 
followed  in  other  cases. 

ART.  21.  The  nonextendible  term  of  one  year  is  hereby  granted  for 
the  purpose  of  instituting  "possessory  proceedings,"  as  referred  to 
in  articles  19  and  20  hereof. 


16 

At  the  expiration  of  said  year  the  right  of  cultivators  and  holders 
thereof  in  obtaining  a  free  title  deed  to  the  property  shall  become 
extinct,  and  full  title  to  the  land  shall  revert  to  the  State  or  to  the  citi- 
zens in  common;  such  holders  and  cultivators,  claimants  to  title 
thereof,  or  their  successors  in  interest  by  absolute  title,  shall  only 
retain  the  right  of  preemption  or  "tanteo"  in  the  event  that  the  land 
is  sold  within  five  years  following  the  expiration  of  said  one  year. 

Persons  in  possession  not  included  in  the  provisions  of  this  chapter 
can  acquire  prescriptive  title  to  alienable  crown  lands  only  according 
to  the  common  law. 

ART.  22.  A  detailed  record  of  the  dispositions  made  of  all  crown 
lands  shall  be  kept  by  the  General  Directorate  of  Civil  Administration. 

CHAPTER  V. 

TOWN    PROPERTY    AND    COMMON    USE    THEREOF. 

ART.  23.  The  General  Directorate  of  Civil  Administration  shall 
direct  that  proper  steps  be  taken  to  determine  and  mark  out  the 
boundaries  of  lands  which  have  been  known  hitherto  as  the  "  legua 
comunal,"  or  commons,  within  the  term  of  five  years,  allotting  to  each 
town  the  land  considered  necessary  for  cultivation  and  for  common 
benefit. 

ART.  24.  For  the  purpose  of  the  preceding  article,  municipal  tri- 
bunals of  towns,  assisted  by  representatives  of  their  principalities 
(body  of  electors)  and  by  the  parish  priest,  shall  petition  the  General 
Directorate,  through  the  different  provincial  boards,  for  a  decision  as 
to  the  property  to  be  reserved  to  them,  making  a  detailed  entry  thereof 
in  the  registry  of  property  required  by  law  and  as  may  be  deemed 
proper,  bearing  in  mind  the  following  conditions: 

First.  That  the  land  and  forests  to  be  granted  to  them  belong  at  the 
time  to  the  town  commons  or  to  the  state. 

Second.  That  they  be  situated  within  the  jurisdiction  of  the  muni- 
cipal tribunal  petitioning  for  them. 

Third.  That  such  land  and  forests  petitioned  for  are  suitable  for  the 
cultivation  necessary  to  the  exigencies  of  life  and  contain  a  supply  of 
firewood  and  lumber  for  the  town  people  thereof,  who  pay  to  the 
state  cedulas  of  the  tenth  class. 

Fourth.  That  the  necessary  pasture  land  can  also  be  furnished  accord- 
ing to  the  number  of  cattle  and  horses  in  each  town.  Where  there 
are  sufficient  Crown  lands  available  for  the  purpose,  twice  the  area  of 
land  absolutely  required  at  the  present  time  shall  be  granted  for  culti- 
vation and  common  use. 

ART.  25.  Provincial  boards  shall  forward  the  petitions  referred  to, 
with  an  expression  of  their  opinion  thereon,  to  the  General  Directorate 


17 

of  Civil  Administration,  who  shall  in  turn  submit  what  final  action 
has  been  taken  in  the  matter  to  the  General  Government. 

AKT.  26.  Grants  and  descriptions  or  demarcations  made  of  town 
property  to  be  devoted  to  the  cultivation  by  and  to  the  common  use 
of  the  townspeople  thereof  shall  be  recorded  in  the  register  of  prop- 
erty free  of  all  costs  and  charges. 

ART.  27.  The  General  Directorate  of  Civil  Administration  shall  keep 
an  inventory  of  all  property  so  described  and  surveyed  in  each  province 
as  belonging  to  the  common  patrimony  of  towns  and  publish  same  in 
the  Manila  Gazette. 

GENERAL   PROVISIONS. 

First.  All  errors  in  the  surveys  of  land  which  do  not  exceed  5  per 
cent  of  the  total  extent  thereof  shall  be  tolerated  and  excused. 

When  they  shall  exceed  said  proportion  and  not  over  15  per  cent 
the  holder  may  buy  the  excess  at  the  average  market  price  in  said 
province. 

If  the  excess  is  over  15  per  cent,  said  portion  shall  be  sold,  the 
buyer  being  bound  to  indemnify  the  holder  for  any  growing  crops 
existing  at  the  time.  The  amount  of  this  indemnity  shall  be  estimated 
by  an  expert  appointed  by  each  party,  and  in  case  of  a  disagreement, 
by  a  third,  appointed  by  the  administration  department. 

When  the  error  in  survey  exceeds  15  per  cent  the  authorized  sur- 
veyor committing  said  error  shall  be  held  officially  or  criminally 
responsible,  according  to  circumstances. 

Second.  All  remunerations  paid  to  authorized  employees  for  field 
work  performed  in  all  adjustments,  sales,  and  grants  of  land,  and  all 
expenses  for  Crown  documents  and  revenue  stamps  on  titles,  shall  be 
at  the  cost  of  the  holders  thereof,  who  shall  pay  into  the  treasury  the 
full  amount  according  to  the  established  tariff.  - 

Third.  A  set  of  regulations  shall  be  made  by  the  General  Direc- 
torate of  Civil  Administration  for  the  execution  of  this  decree,  taking 
as  a  basis  the  text,  simplifying  as  far  as  possible  the  proceedings  for 
the  sale  of  land  as  approved  on  January  19,  1883,  by  the  Cabinet  of 
State. 

Fourth.  All  former  provisions  relating  to  the  adjustment  and  sale 
of  land  not  under  cultivation  and  all  crown  lands  in  the  Philippine 
Islands  are  hereby  repealed,  without  prejudice  to  the  provisions  as 
prescribed  in  article  6  hereof. 

Given  at  the  palace  this  13th  day  of  February,  1894. 

MARIA  CRISTINA. 

The  Minister  for  Colonies: 

ANTONIO  MAURA  Y  MONTANER. 

4486—01 2 


REGULATIONS 

FOR  THE 

EXECUTION  OF  THE  ROYAL  DECREE  OF  FEBRUARY  13,  1894, 

CONCERNING   THE 

ADJUSTMENT  AND  SALE  OP  PUBLIC  LANDS  IN  THE  PHILIPPINE  ISLANDS. 
[Manila  Gazette,  February  21,  1895.] 

In  force  provisionally  from  above  date  until  approved  by  Royal  Order  No.  14, 
January  31,  1897. 


CHAPTER  I. 

SALABLE   AND   RESERVABLE   LANDS. 

ART.  1.  All  land,  soil,  ground  not  under  cultivation,  and  forests  in 
the  Philippine  Islands,  not  included  in  the  following  exceptions,  shall 
be  considered  salable  Crown  lands: 

1.  Those  which  have  passed  to  private  ownership  and  have  a  legal 
holder. 

2.  Those  which  belong  to  forest  zones  which  the  state  desires  to 
hold  for  public  interest. 

3.  Those  which  are  found  within  the  limits  of  the  commons  belong- 
ing to  towns  or  within  zones  which  have  been  granted  to  said  towns 
for  the  common  use  of  the  inhabitants. 

4.  Those  which  shall  be  awarded  to  private  ownership,  whether  by 
adjustment  or  by  possessory  right,  within  the  time  limit  and  in  the 
form  and  manner  as  prescribed  by  Royal  Decree  of  February  13  last, 
and  these  regulations. 

ART.  2.  Forest  zones  held  in  any  province  or  district,  as  referred  to 
in  exception  2  of  the  preceding  article,  shall  not  be  reserved  to  the 
state  for  the  present,  except  where  the  landed  area  under  cultivation 
has  so  increased  or  is  still  increasing  beyond  what  is  consistent  with 
public  interests. 

In  conformity  with  this  provision  the  Inspector-General  of  Forests 
shall  recommend,  with  due  promptness,  to  the  General  Directorate  of 
Civil  Administration,  who  in  turn  shall  recommend  to  the  General  Gov- 
ernment the  advisability  of  pointing  out  at  once  the  districts  in  which 
such  forest  zones  are  to  be  reserved  to  the  State,  as  also  those  districts 

19 


20 

where  such  reservation  is  considered  unnecessary  for  the  present;  and 
when  the  proposition  is  approved,  a  list  containing  the  districts  where 
such  zones  are  to  be  and  not  to  be  established  shall  be  published  in  the 
Manila  Gazette,  for  public  information.  In  districts  where  it  is  not 
necessary  for  the  present  to  reserve  forest  zones,  crown  lands  found 
there  in  suitable  for  permanent  cultivation,  and  not  included  in  excep- 
tions 1,  3,  and  4  of  the  preceding  article,  shall  be  considered  salable  so 
long  as  the  contrary  is  not  expressly  ordered. 

ART.  3.  When  the  General  Government  has  designated  the  provinces 
and  districts  where  forest  zones  are  to  be  reserved  to  the  State,  the 
Inspector-General  of  Forests  shall  proceed  with  the  description,  inven- 
tory, and  survey  of  the  zones  so  reserved  in  each  district,  and  shall 
report  all  particulars  during  the  progress  of  the  work  done  to  the 
General  Directorate  of  Civil  Administration,  so  that  said  department 
may  recommend  to  the  General  Government  the  approval  or  amend- 
ment thereof,  and  the  final  decree  be  entered  that  said  zones  are 
reserved  to  the  State. 

NOTE. — Forest  zones  never  designated. 

CHAPTER  II. 

ADJUSTMENT    OF    LANDS. 

• 

ART.  4.  In  accordance  with  the  provisions  of  Royal  Decrees  of  July 
15, 1881,  and  February  13, 1894,  no  adjustment  of  lands  shall  in  future 
be  allowed  unless  it  be  clearly  shown  by  the  records  in  each  case  that 
the  said  adjustment  had  been  applied  for  prior  to  the  8th  of  Septem- 
ber, 1881,  when  referring  to  uncultivated  lands;  and  prior  to  the  17th 
of  April,  1894,  the  date  of  the  publication  of  the  Royal  Decree  referred 
to  in  the  Manila  Gazette,  when  referring  to  cultivated  lands;  and  fur- 
thermore, that  a  second  petition  had  been  filed  in  each  case  prior  to 
the  17th  day  of  October,  1894,  the  end  of  the  term  of  six  months 
granted  for  said  purpose  by  said  Royal  Decree. 

ART.  5.  Salable  crown  lands  open  to  adjustment,  for  which  no  peti- 
tion for  adjustment  had  been  filed  prior  to  the  dates  mentioned  in  the 
preceding  article,  or  for  which  a  new  petition  insisting  thereon  may 
not  have  been  filed,  shall  revert  to  the  State,  without  prejudice  to  the 
rights  of  holders  of  said  lands,  who  shall  fulfill  the  conditions  set  forth 
in  article  78  of  these  regulations,  and  who  shall  exercise  that  right  up 
to  the  17th  of  April,  1895,  for  the  purpose  of  obtaining  gratuitous 
title  in  fee  simple  to  said  lands  through  possessory  proceedings  had 
in  accordance  with  the  Law  of  Civil  Procedure  and  the  mortgage  law. 

ART.  6.  If  a  tract  of  land  for  which  adjustment  has  once  been  sought, 
and  the  petition  thereon  not  renewed  within  the  legal  time,  is  about  to 
be  sold  at  auction,  the  person  filing  said  petition  for  adjustment  or 
his  legitimate  successor  in  interest  shall  have  the  right  of  preemption 


21 

or  "tanteo"  ("tanteo"  is  the  right  to  take  property  for  the  same  price 
sold  to  another)  in  such  sale,  provided  it  takes  place  within  five  years 
following-  the  publication  in  the  Manila  Gazette  of  Royal  Decree  of 
February  13,  1894. 

ART.  7.  When  applications  for  such  adjustments  have  been  made 
and  renewed  within  the  prescribed  time  and  have  not  been  perfected 
and  consummated  through  the  fault  of  applicants,  said  petitions  shall 
be  considered  as  lapsed;  but  applicants  shall  have  the  right  of  pre- 
emption or  "tanteo"  in  the  auction  sale  of  the  land  if  the  same  be  sold 
within  the  period  fixed  by  the  preceding  article.  The  administrative 
authority,  whose  dujty  is  to  decide  upon  such  adjustments,  shall  deter- 
mine the  question  of  fault  and  shall  hear  the  party  in  interest  who  has 
the  right  to  such  appeals  as  the  laws  in  force  may  prescribe. 

ART.  8.  Adjustments  applied  for  and  properly  renewed  shall  be 
governed  by  the  laws  which  were  in  force  prior  to  the  publication  of 
the  Royal  Decree  of  February  13, 1894,  in  so  far  as  they  do  not  conflict 
with  the  provisions  of  said  Royal  Decree  and  the  present  regulations. 

ART.  9.  Lands  subject  to  adjustment  shall  continue  to  be  classified 
as  heretofore  into  two  groups:  The  first  shall  comprise  those  which 
have  an  area  of  more  than  30  hectares,  or  if  less,  when  bounded  at  any 
point  by  other  state  lands,  and  the  second  shall  comprise  all  others. 

Proceedings  for  the  adjustment  of  lands  of  the  first  group  shall  be 
heard  and  determined  by  the  General  Directorate  of  Civil  Administra- 
tion with  the  assistance  of  the  Inspector  of  Forests. 

The  adjustments  of  the  second  group  shall  be  heard  and  determined 
by  the  provincial  boards  established  by  Royal  Decree  of  19th  of  May, 
1893,  who  shall  take  the  place  of  the  boards  of  adjustment  existing  up 
to  the  present  time. 

ART.  10.  Existing  boards  for  the  adjustment  of  lands  in  all  provinces 
where  the  said  provincial  boards  shall  become  constituted  shall  be 
immediately  dissolved  after  handing  over  to  the  latter  all  records  of 
the  oifice  and  all  documents,  with  an  inventory  thereof,  which  may  be 
in  their  possession. 

In  provinces  or  districts  where  provincial  boards  for  any  reason 
whatever  have  not  yet  become  constituted,  existing  boards  for  the 
adjustment  of  lands  shall  continue  in  office  until  such  time  as  the 
supreme  government  may  otherwise  direct. 

ART.  11.  Local  commissions  created  by  Royal  Decree  of  the  31st  of 
August,  1888,  shall  also  be  dissolved,  without  exception,  and  the 
duties  thereof  performed  by  the  municipal  tribunals  or  the  tribunals 
of  the  pueblos;  and  said  commissions  shall  deliver  to  said  tribunals  an 
inventory  of  such  records  and  documents  concerning  the  adjustment 
of  lands  as  they  may  have  in  their  custody. 

ART.  12.  When  petitions  referring  to  lands  included  in  the  second 
group  mentioned  in  article  9  -are  received  by  the  General  Directorate 


22 

of  Civil  Administration  they  shall  be  referred  to  the  presidents  of  the 
provincial  boards  for  examination  and  report,  including  records.  The 
secretaries  of  said  boards  shall  keep  registers  in  which  a  record  shall 
be  entered  of  the  receipt  of  all  petitions  for  adjustment. 

ART.  13.  Provincial  boards  shall  immediately  remit  to  the  General 
Directorate  of  Civil  Administration  all  petitions  for  adjustment  of 
lands  not  within  their  jurisdiction,  viz:  Lands  having  an  area  of  more 
than  30  hectares,  such  as  are,  or  are  not  entirety  bounded  by  private 
lands;  also  all  proceedings  to  be  heard  and  determined  by  said 
department. 

ART.  14.  Where  a  petition  filed  with  the  provincial  board  includes, 
among  others,  certain  tracts  not  within  its  jurisdiction,  a  duly  certi- 
fied copy  thereof,  signed  by  the  president  and  secretary  of  the  board, 
shall  be  made  and  forwarded  to  the  General  Directorate  of  Civil 
Administration. 

ART.  15.  When  a  tract  of  land  lies  within  the  limits  of  two  or  more 
provinces  the  provincial  board  holding  such  petition  for  adjustment 
shall  issue  certified  copies  thereof,  to  be  forwarded  to  the  boards  of 
territories  so  included  by  said  property,  and  shall  make  arrangements 
with  them  as  to  the  proper  procedure  in  the  case. 

ART.  16.  Each  proceeding  shall  include  only  the  tracts  of  land 
owned  by  the  petitioner  and  located  in  one  barrio.1 

If  the  petition  includes  several  tracts  of  land  situated  in  different 
barrios  the  original  petition  shall  be  attached  to  the  record  containing 
the  largest  number  of  tracts  and  each  of  the  smaller  records  made  out 
for  the  remaining  barrios  shall  be  headed  by  a  certificate  of  the  tracts 
contained  therein.  The  certificate  shall  be  signed  by  the  secretary 
of  the  provincial  board  when  ordering  first-named  record  and  by 
the  assistant  forester  instructed  to  inscribe  said  record  when  it  is 
to  be  referred  for  approval  to  the  General  Directorate  of  Civil 
Administration. 

ART.  IT.  If  among  the  tracts  contained  in  the  same  petition  there 
shall  be  any  situated  within  the  limits  of  two  or  more  barrios  of  the 
same  town  (pueblo)  or  of  different  towns,  or  in  territory  the  jurisdic- 
diction  over  which  is  doubtful,  such  tract  shall  be  dealt  with  in  a 
separate  record. 

ART.  18.  The  board  shall  cause  each  petition  to  be  published  by 
proclamation  in  the  capital  of  the  province  and  in  the  town  concerned, 
and  also  by  means  of  edicts  posted  on  the  bulletin  boards  of  all  gov- 
ernment offices  and  of  the  court  of  said  town.  Said  proclamation  and 
edicts  shall  set  forth  the  day  and  hour  in  which  the  survey  of  the 
ground  is  to  be  made.  Said  board  shall  also  issue  proper  orders  to 
the  municipal  captain  or  to  the  gobernadorcillo  so  that  the  necessary 
steps  be  taken  for  the  execution  of  said  survey  and  for  the  service  of 

1  Barrio — ward  of  a  pueblo  or  town. 


23 

a  personal  notice  to  the  owner  of  the  ground,  as  also  to  all  adjacent 
property  holders  who  shall  be  required  to  sign  said  notices.  The 
period  of  time  that  must  elapse  between  the  last  publication  by  proc- 
lamation and  the  survey  of  the  ground  shall  not  exceed  four  days. 

ART.  19.  If  the  interested  parties  desire  to  have  the  work  of  sur- 
vey done  by  any  special  surveyor  they  shall  so  state  it  in  a  petition 
addressed  to  the  provincial  board,  who  shall  notify  said  surveyor.  If 
no  such  petition  is  filed  the  board  shall  designate  the  surveyor  or 
expert  state  land  appraiser  who  is  to  accompany  the  representative 
of  the  court  at  the  survey  of  the  ground.  In  towns  where  there  is 
no  expert  surveyor  or  no  expert  state  land  appraiser  a  practical 
expert  (peri to  practice)  shall  be  appointed  instead. 

For  the  purpose  of  these  regulations  the  words  ' '  surveyor "  and 
"expert  surveyor"  shall  be  understood  to  include,  generally,  all  per- 
sons having  sufficient  legal  capacity  to  do  the  survey  work  referred  to 
in  said  regulations,  without  prejudice,  however,  to  any  party  claiming 
a  better  right  to  do  said  work,  who  posesses  a  diploma,  and  to  the 
surveyor  appointed  by  special  provisions. 

ART.  20.  On  the  day  and  hour  set  by  the  provincial  board  for  the 
survey,  the  representatives  of  the  municipal  or  town  tribunal,  con- 
sisting of  the  captain  or  gobernadorcillo,  a  lieutenant  and  two  princi- 
pal residents,  to  be  duly  named  by  said  captain,  together  with  the 
land  owner  and  the  owners  of  the  boundary  property  and  the  surveyor, 
if  there  be  any,  and  if  there  be  none,  then  with  the  practical  expert 
referred  to  in  article  19,  shall  proceed  to  the  ground  to  inspect  the 
boundaries  of  same,  making  special  notes  thereof  and  comparing  the 
boundaries  with  the  title  documents  produced  by  the  owner  of  said 
ground,  hear  any  claims  made  and  objections  raised,  assist  at  the  sur- 
vey and  appraisement  by  the  surveyor  or  practical  expert,  and  make 
a  record  of  the  above  and  all  proceedings  had.  Said  record  shall  be 
signed  by  all  parties  present  and  shall  remain  in  the  possession  of  the 
municipal  captain  or  gobernadorcillo. 

The  above  proceedings  shall  not  be  suspended  because  of  nonattend- 
ance  by  any  adjoining  land  owner,  provided  they  have  been  duly  noti- 
fied, or  because  of  any  protest  or  objection  made  or  raised. 

ART.  21.  If  there  be  several  tracts  of  land,  all  situated  in  the  same 
barrio,  they  are  to  be  all  included  in  the  same  record,  but  separately 
described. 

ART.  22.  If  the  property  extend  to  two  or  more  municipal  jurisdic- 
tions, the  survey  thereof  shall  be  attended  by  representatives  of  the 
respective  tribunals.  The  record  in  this  case  shall  be  made  in  the 
same  manner  as  above  prescribed,  and.  shall  remain  in  possession  of 
the  captain  or  gobernadorcillo  of  the  town  of  the  jurisdiction  wherein 
lies  the  larger  portion  of  the  property,  and  a  certified  copy  of  said 
records  shall  be  given  to  the  representatives  of  each  tribunal. 


24 

ART.  23.  If  the  above  proceedings  are  attended  by  a  licensed  sur- 
veyor or  an  expert  State-land  appraiser,  this  official  shall  be  required 
to  draw  a  plan  or  sketch  of  the  property  surveyed  and  write  a  certifi- 
cate under  the  form  of  a  report,  setting  forth,  under  his  own  personal 
liability,  the  name  of  the  barrio  and  district  where  the  propertv  is 
situated,  the  boundaries  and  area,  the  kind  of  product  raised,  and  any 
remarks  he  shall  deem  proper  to  make.  Both  documents,  that  is  to 
say  the  plan  and  certificate,  shall,  within  the  three  days  following  such 
operations,  be  filed  with  the  municipal  captain  or  gobernadorcillo  of 
the  town  together  with  the  record  of  the  survey. 

Where  the  party  making  the  survey  is  an  expert  and  not  a  state 
land  surveyor,  he  shall  draw  up,  not  a  plan  or  sketch  of  the  property, 
but  only  the  certificate,  subject  to  all  the  requirements  as  above,  set- 
ting forth  the  approximate  surface  measurement  of  said  property. 
Said  certificate  shall  be  filed  with  the  municipal  captain,  or  goberna- 
dorcillo,  of  the  town  within  the  aforesaid  period  of  time. 

ART.  24.  The  party  seeking  the  adjustment  shall,  within  exactly 
eight  days  from  the  date  of  the  survey,  deliver  to  the  municipal  cap- 
tain, or  gobernadorcillo,  the  documents  establishing  his  title.  The 
parties  offering  or  having  offered  any  objection  to  the  adjustment  of 
the  land  may,  within  said  period  of  time,  deliver  to  the  gobernadorcillo 
as  above  the  documents  they  shall  deem  proper,  without  prejudice  to 
their  offering  and  proving  with  documentary  evidence  before  the  pro- 
vincial board  the  ground  for  their  objections,  within  thirty  days  from 
the  date  of  the  survey  of  the  land. 

ART.  25.  The  right  to  adjustment  shall  be  established  by  attaching 
to  the  proper  record  the  original  documents  filed  by  the  parties  in 
interest,  or  else  by  filing  a  copy  of  said  documents  acknowledged 
before  a  notary  public,  and  in  case  the  latter  is  not  done,  a  copy  thereof 
authenticated  by  the  tribunal  of  the  town. 

In  default  of  a  better  document  establishing  the  rightful  possession 
to  the  property,  every  record  submitted  shall  be  accompanied  by  a 
certificate  signed  by  the  municipal  captain  or  gobernadorcillo  of  the 
town  where  the  land  is  situated,  countersigned  by  the  lieutenant  or 
judge  of  "sementeras"  (fields  under  seed),  as  also  by  seven  members 
of  the  twelve  townsmen  representing  the  "principalia"  (principality), 
if  there  be  a  municipal  tribunal  in  the  town,  and,  if  not,  by  an  absolute 
majority  of  the  twelve  townsmen.  The  said  certificate  shall  be  pub- 
lished for  three  successive  days  by  proclamation  in  said  town  in  the 
dialect  of  the  country. 

ART.  26.  The  municipal  captain  or  gobernadorcillo  shall,  within  the 
maximum  period  of  fifteen  days  from  the  date  of  the  survey,  file  with 
the  provincial  board  all  the  documents  forming  the  record,  and,  if 
there  shall  be  any  cause  preventing  such  observance  of  the  rule,  he 
shall  acquaint-  the  board  with  the  name  of  the  party  causing  the  delay. 


25 

ART.  27.  Upon  the  receipt  of  such  record,  the  President  of  the 
provincial  board  shall  order  it  filed  with  the  secretary,  so  that  proper 
entry  thereof  be  made  in  the  books,  annexing  thereto  all  other  docu- 
ments relating  to  the  same  claim  found  in  the  office,  and  directing  the 
secretary  to  see  if  all  documents  so  attached  are  complete,  viz: 

The  petition  of  the  party  in  interest  soliciting  the  adjustment  and 
the  renewal  of  said  petition. 

The  proceedings  for  publication  by  proclamation  and  edicts  in  the 
provincial  seat,  and  in  the  town  or  towns  where  the  land  is  situated. 

The  official  communication  from  the  president  of  the  board  direct- 
ing, by  order  of  said  board,  the  survey  of  the  land  admitted  to  adjust- 
ment, together  with  a  report  of  all  particulars  of  the  proceedings. 

The  certificate  establishing  the  fact  that  the  owner  of  the  land  and 
the  owners  of  the  adjoining  lands  have  been  personally  notified  of  the 
d&y  and  hour  in  which  the  survey  was  to  be  made. 

The  record  of  such  survey  stating  what  objections,  if  any,  have 
been  made,  the  nature  of  the  objections  and  the  names  of  the  object- 
ing parties. 

The  plan  or  sketch  of  the  property,  if  the  survey  was  made  by  a 
state  land  surveyor,  and  if  by  a  private  expert  the  certified  report 
thereon. 

Finally,  the  documents  establishing  the  right  of  the  landholder  to 
adjustment,  together  with  all  the  papers  in  objection  to  same. 

ART.  28.  After  complying  with  the  provisions  of  the  preceding 
article  the  secretary  shall  notify  the  president  whether  or  not  the 
record  contains  the  complete  number  of  documents  and  if  any  are 
wanting,  in  which  latter  case  the  president  shall  order  the  party  in 
default  to  file  the  required  document  within  a  certain  period  of  time 
such  as  he  (the  president)  may  deem  proper. 

ART.  29.  When  the  record  is  complete,  the  president  shall  direct 
the  secretary  to  give  notice  of  the  fact  to  the  provincial  board  at  the 
first  meeting  held  immediately  after  the  expiration  of  thirty  days  from 
the  date  of  the  survey  of  the  land.  The  object  of  this  period  of  thirty 
days  is  to  allow  claimants  to  submit  the  proper  documents,  and  also 
to  allow  any  new  claims  to  be  filed  and  proven. 

ART.  30.  The  board  shall  examine  the  record,  and  if  the  land  is  well 
described,  if  there  be  no  protest  or  objection  made,  and  all  the  pro- 
visions as  prescribed  in  these  regulations  are  complied  with,  the  adjust- 
ment shall  be  allowed  gratuitously  or  "  onerously "  as  may  be  con- 
sidered legal,  and  the  board  shall  direct  that  an  appraisement  be  made 
subject  to  the  provisions  of  the  two  following  articles,  and  the  sum  or 
sums  due  shall  be  paid  to  the  state  by  the  landholder  thereof. 

ART.  31.  If  the  adjustment  is  onerous  or  taxable  the  applicable  price 
of  said  adjustment  shall,  for  each  province  or  district,  whether  for  new 
records  opened  or  whether  for  those  pending  final  judgment,  be  regu- 


26 

lated  by  the  fixed  tariff  approved  by  the  General  Directorate  of  Civil 
Administration  for  the  sale  of  crown  lands. 

ART.  32.  All  parties  securing  adjustments  to  land  which  is  obtained 
from  the  state,  whether  adjustment  be  granted  gratuitously  or  oner- 
ously, shall  pay  into  the  treasury  8  per  cent  of  the  value  of  the 
land  as  prescribed  by  Royal  Order  No.  251,  of  February  26,  1894, 
published  in  the  Manila  Gazette  on  the  18th  of  the  following  April. 
Such  appraisement  shall  be  based  upon  the  fixed  tariff  as  referred  to 
in  the  preceding  article. 

ART.  33.  If  the  examination  of  the  record  shall  reveal  the  fact  that 
the  possession  of  the  land  in  question  is  in  litigation  the  provincial 
board  shall  not  hear  the  case. 

ART.  34.  If  any  objection  or  protest  has  been  made  the  board  shall 
within  eight  days  from  the  date  in  which  the  record  was  examined  fix 
a  day  on  which  the  landholder  and  the  claimants,  duly  cited,  must 
appear  to  make  such  allegations  as  they  deem  proper  in  support  of 
their  rights,  the  board  ruling  thereon  as  it  may  deem  just. 

ART.  35.  The  parties  in  interest  shall  be  duly  notified  of  the  deci- 
sion in  the  case  by  the  board  at  the  time  and  in  the  manner  provided 
by  Royal  Decree  of  September  25,  1888,  arts.  21  and  22,  relating  to 
administrative  procedure  in  the  Philippines. 

ART.  36.  The  parties  in  interest  may,  within  a  period  of  thirty 
days  from  the  service  of  the  notice,  appeal  from  any  decision  by  the 
provincial  board  to  the  General  Directorate  of  Civil  Administration 
by  handing  the  appeal  to  said  board. 

ART.  37.  If  the  appeal  referred  to  in  the  preceding  article  is  made 
in  due  time  the  execution  of  the  decision  by  the  board  shall  be  sus- 
pended until  such  time  as  final  judgment  is  rendered.  Otherwise  the 
decision  of  the  board  shall  be  final,  and  the  president  shall  be  required 
to  officially  notify  the  landholder  of  the  sum  that  he  must  pay  into 
the  office  of  the  administrator  de  hacienda  of  the  province  if  the  adjust- 
ment is  taxed,  and  also  the  sum  that  he  must  pay  into  said  office  sepa- 
rately from  the  first  payment  under  the  8  per  cent  tax  on  the  valuation 
of  the  land,  whether  the  adjustment  is  taxable  or  gratuitous,  and  shall 
order  that  said  owner  file  at  the  proper  time  with  the  governor  of  the 
province  the  proper  receipt  or  receipts  and  the  legal  stamped  paper 
required  for_the  title  deed  thereon,  together  with  the  number  of  such 
stamped  paper  as  was  used  in  the  record.  The  secretary  of  the  board 
shall  give  the  party  in  interest  a  receipt  acknowledging  payments 
made  in  money  orders  and  stamped  paper,  as  prescribed  above. 


AKT.  38.  The  class  of  stamped  paper  that  must  accompany  each  title 
deed  shall  be  adjusted  to  the  following-  tariff  based  on  the  valuation  of 
the  land: 


Class  of 
stamp. 

Price  of 
stamp. 

Valuation  of  land. 

1 

$20.00 

Mex. 
$3,  750.  05  and  upward. 

2  

15.00 

2,  500.  05  to  $3,  750.  00 

3  

10.00 

1,500.  05  to  2,500.00 

4  

5.00 
3.00 

800.0510   1,500.00 
400.  05  to       800.  00 

?:::::: 

2.00 
1.00 

200.  05  to       400.  00 
100.  05  to       200.00 

8  

.50 

50.05to       100.00 

* 

up  to  50.  00 

Besides  the  above,  for  each  sheet  used  in  the  proceedings  of  the 
record  a  sheet  of  stamped  paper,  Class  XI,  at  10  cents  per  sheet,  shall 
be  supplied. 

ART.  39.  After  filing  with  the  Provincial  Governor  both  the  requi- 
site stamped  paper  and  the  receipt  or  receipts  as  referred  to  in  article 
37,  the  Governor  shall  order  the  title  issued ;  such  title  shall  be  written 
on  printed  blanks  supplied  for  the  purpose  by  the  General  Directorate 
of  Civil  Administration  to  the  various  boards,  and  shall  be  signed  and 
sealed  by  the  Governor  as  a  delegate  of  the  General  Directorate. 

As  soon  as  the  title  is  issued  all  the  stamped  paper  used  shall  be 
attached  to  the  deed  and  the  receipts  for  money  paid  embodied  in  the 
record. 

ART.  40.  All  title  deeds  shall  bear  the  father's  name  in  full  and 
the  mother's  maiden  name  of  the  persons  to  whom  they  are  issued, 
also  their  age,  civil  status,  profession,  and  residence,  in  compliance 
with  the  provisions  of  Royal  Order  of  February  15, 1893,  and  article  2 
of  the  Regulations  for  the  manner  of  drafting  public  documents  subject 
to  registration  in  the  archipelago.  Title  deeds  deficient  in  any  of  the 
requisite  provisions  of  law  shall  not  be  admitted  to  registration.  Said 
personal  data  concerning  the  grantee  must  compare  with  his  personal 
cedula  or  certificate  from  the  captain  or  gobernadorcillo  of  his  district, 
pursuant  to  circular  dated  August  9,  1893,  issued  by  the  General 
Directorate  of  Civil  Administration  and  published  on  the  llth  in  the 
Gazette  of  said  month.  Such  credential  shall  be  attached  to  the 
record,  and  the  fact  of  its  being  so  attached  shall  be  entered  in  the 
instrument  of  title. 

ART.  41.  On  the  day  the  title  is  signed  an  entry  thereof  shall  be 
made  in  the  book  kept  for  the  purpose  by  the  secretary  of  the  pro- 
vincial board,  the  description  of  the  property,  the  owner's  name,  the 
number  of  tracts  owned,  the  extent  and  valuation  of  each,  and  the 
class  of  stamped  paper  affixed  to  the  title  being  all  recorded  therein. 
The  title  deed  shall  contain  all  these  particulars,  together  witfe the 

*fT*  ** 

TT 


28 

State  and  the  folio  where  the  record  is  entered.  The  title  shall  then 
be  delivered  to  the  property  owner,  he  giving  receipt  therefor,  which 
receipt  shall  be  attached  to  the  record. 

The  record  books  for  the  registration  of  property  shall  be  supplied 
to  the  boards  by  the  General  Directorate  of  Civil  Administration. 

ART.  42.  Records  of  the  proceedings,  after  being  closed,  shall  be 
filed  in  the  archives  of  the  Governor  of  the  Province. 

ART.  43.  At  the  request  of  any  property  owner  the  president  of  the 
board  shall  order  that  boundary  marks  be  placed  on  same  by  the 
representative  of  the  tribunal  who  assisted  at  the  survey  thereof,  observ- 
ing the  same  formalities  as  were  observed  in  the  survey,  and  a  record 
made  of  the  proceedings.  Upon  completion  of  the  work  and  accept- 
ance thereof  by  the  board,  a  certificate  shall  be  delivered  to  the  party 
at  his  request  that  such  work  has  been  done. 

ART.  44.  All  proceedings  necessary  in  the  adjustment  of  lands  shall 
be  had  free  of  charge,  but  the  holder  must  pay  the  price  of  the  land  if 
the  adjustment  is  taxable,  besides  the  8  per  cent  on  the  price  whether 
the  adjustment  is  taxable  or  gratuitous,  as  prescribed  in  the  preceding 
articles.  He  must  furnish  also  the  stamped  paper  for  the  title  and 
record,  pay  surveyor,  state-land  appraiser  or  practical  expert's  fees, 
and  all  necessary  expenses  incurred  by  the  tribunal  representative  in 
the  discharge  of  his  duties. 

Property  holders  shall  also  pay  the  cost  of  marking  boundary 
limits  when  the  work  is  completed,  but  the  cost  of  the  landmarks 
shall  be  paid  equally  by  the  two  adjoining  owners. 

ART.  45.  All  fees  payable  to  surveyors  and  expert  appraisers  hold- 
ing an  academic  title  shall  be  subject  to  the  following  tariff: 

Pesos  per  hectare. 

From  1  to  5  hectares 0.  75 

From  5  to  10  hectares 70 

From  10  to  15  hectares 65 

From  15  to  20  hectares 60 

From  20  to  25  hectares 55 

From  25  to  30  hectares 50 

For  measuring  tracts  smaller  than  1  hectare  the  fee  shall  be  75 
cents  per  tract. 

The  fees  for  practical  experts  holding  no  academic  title  shall  be  one- 
half  the  amount  of  the  foregoing  tariff. 

All  traveling  expenses  and  wages  of  laborers  necessary  for  field 
work  shall  be  paid  by  the  petitioners. 

The  above  tariff,  written  in  the  local  dialect,  shall  be  posted  in  the 
tribunal  of  each  town. 

ART.  46.  In  compliance  with  the  provisions  of  Royal  Order  of 
August  4,  1891,  published  in  the  Manila  Gazette  November  27,  1892, 
surveyors  and  experts  shall  collect  their  fees  as  soon  as  the  provincial 


29 

board  has  completed  the  record  and  approved  the  expert's  work. 
Said  approval  shall  be  stated  by  the  secretary  of  the  board  in  writing 
signed  by  him  and  delivered  to  the  expert.  This  paper  must  be  given 
by  the  expert  to  the  property  holder  in  order  to  collect  his  fees. 

ART.  47.  Provincial  boards  shall,  within  the  first  half  of  each  month, 
file  with  the  General  Directorate  of  Civil  Administration  a  report  of 
all  proceedings  had  and  closed;  also  of  all  title  deeds  issued  during  the 
preceding  month,  together  with  a  statement  of  the  funds  received 
therein  on  the  valuation  of  property  in  taxable  adjustments,  and  on 
the  8  per  cent  of  said  valuation  in  all  other  adjustments. 

These  reports  shall  be  modeled  after  Forms  1  and  2  in  all  particulars, 
and  written  on  printed  blanks  furnished  by  the  General  Directorate 
of  Civil  Administration. 

If,  during  the  month,  no  proceeding  has  been  completed,  nor  any 
title  deed  issued,  this  fact  shall  be  officially  reported  by  the  president 
of  the  board  to  the  General  Directorate  of  Civil  Administration. 

ART.  48.  Provincial  boards  shall  devote  the  greatest  zeal  in  the  per- 
formance of  their  duties,  and  shall  see  that  the  representatives  of 
municipal  tribunals,  surveyors,  or  experts,  and  all  other  persons  con- 
nected with  an  adjustment  of  land  shall  commit  no  abuse  of  power  and 
exact  no  illegal  fees.  The  chief  of  the  province  shall  impose,  within 
his  jurisdiction,  the  necessary  penalty  for  any  offense  committed,  with 
the  understanding  that  if  proof  be  shown  of  any  such  illegal  exaction 
the  same  shall  be  reported  to  the  courts  of  justice,  and  if  the  offender 
is  a  surveyor  or  expert,  he  shall  be  disqualified  thereafter  to  perform 
any  work  connected  with  the  adjustment  of  lands. 

CHAPTER  III. 

ALIENATION    OF    CROWN    LANDS. 

ART.  49.  Alienable  crown  lands  may  pass  to  private  ownership  by 
sale  made  by  the  state  to  any  purchaser,  in  accordance  with  the  pro- 
visions of  these  regulations,  or  by  a  grant  made  by  the  state  to  col- 
onizing associations,  subject,  however,  to  special  conditions  in  each 
case,  or  to  agricultural  colonies  by  way  of  a  subsidy,  the  form  and 
manner  as  provided  by  Royal  Decree  of  September  4,  1884. 

ART.  50.  Alienation  by  sale  made  may  be  made  either  at  the  request 
of  a  party  or  on  the  motion  of  the  administration.  In  either  case, 
however,  the  sale  shall  always  be  made  for  cash,  and  the  price  of  the 
land  shall  be  regulated  by  the  fixed  standard  price  in  the  province. 
The  standard  price  shall  be  taken  from  the  average  rate  per  hectare 
obtained  at  public  sales,  and  from  taxable  adjustments  made  in  the 
province  or  district  during  the  preceding  five  years,  regardless  of  the 
quality  of  the  land  or  of  other  local  circumstances.  The  extra  rate 


30 

chargeable  for  any  marketable  timber  found  thereon  shall  be  fixed  in 
each  instance,  according  to  the  value  of  the  growth,  by  the  General 
Directorate  of  Civil  Administration,  and  the  amount  shall  be  applied 
to  sales  of  lands  having  timber  growth.  If,  during  the  said  five  years, 
no  such  sales  nor  taxable  adjustments  made  in  the  province  or  district 
where  the  land  is  situated,  the  average  standard  rate  as  adopted  by 
adjoining  provinces  or  districts  shall  be  applied  in  this  case. 

AKT.  51.  The  standard  rate  per  hectare  referred  to  in  the  preceding 
article  shall  be  fixed,  for  the  first  time,  by  each  provincial  board  in 
accordance  with  the  data  furnished  by  such  taxable  adjustments  as 
were  made  by  order  of  the  board  of  adjustments  during  the  preceding 
quinquennial,  based  on  the  data  supplied  by  the  Inspector-General  of 
Forests  regarding  taxable  adjustments  made  under  his  direction  and 
based  upon  sales  made  during  the  same  quinquennial.  This  standard 
rate  shall  be  modified  every  five  years  after  report  is  hud  from  the 
municipal  tribunals  or  the  tribunals  of  the  towns  of  each  province  or 
district,  and  from  the  recorder  of  property  if  there  be  one.  The  board 
shall  at  all  times  keep  the  General  Directorate  of  Civil  Administration 
informed  of  the  average  rate  so  fixed,  who  shall  approve  or  change 
the  rate,  as  the  case  may  be,  after  hearing  the  opinion  of  the  Inspector- 
General  of  Forests  on  the  subject.  The  decision  of  the  department 
shall  be  published  in  the  Manila  Gazette,  and  also  at  the  capital  of  the 
province. 

ART.  52.  When  the  sale  is  made  at  the  request  of  a  party,  the  person 
or  corporation  in  interest  shall  address  a  petition  to  the  General  Direc- 
torate of  Civil  Administration,  either  directly  or  through  the  municipal 
captain  or  gobernadorcillo  and  the  chief  authority  of  the  province. 
Said  officials  shall  give  immediate  attention  to  said  petition  and  shall 
order  that  the  land  be  surveyed  and  measured.  The  petition  shall 
describe  the  municipal  territory,  the  barrio,  and  the  sitio  where  it  is 
located.  It  shall  also  describe  the  boundaries  of  the  land  with  the 
greatest  possible  exactness,  its  approximate  area,  whether  any  sections 
thereof  are  under  cultivation  and  the  names  of  the  owners,  whether 
there  is  timber  land  throughout  the  whole  section  or  in  parts  only,  and, 
lastly,  all  data  and  information  connected  therewith  tending  to  show 
the  true  condition  of  the  land. 

Tracts  of  land  belonging  to  different  municipal  jurisdictions  shall 
not  be  included  in  the  same  petition.  The  intending  purchaser  shall 
be  given  a  receipt  for  his  petition. 

AKT.  53.  The  General   Directorate   of   Civil   Administration  shall 


31 

nadorcillo  of  the  town,  and  one  lieutenant,  and  two  principal  residents 
in  the  district,  to  be  designated  by  the  tribunal,  shall  be  in  attendance 
during  the  field  work. 

ART.  54.  The  official  charged  with  the  field  work  mentioned  in  the 
preceding  article  shall  be  required  to  give  the  municipal  captain  or 
gobernadorcillo  due  notice  of  the  day  and  hour  when  such  field  work 
is  to  be  done,  so  that  he  may  immediately  notify  the  chief  authority 
of  the  province,  who  shall  order  that  a  public  announcement  be  made 
of  said  field  work  by  proclamation  in  Spanish  and  in  the  local  dialect, 
during  three  consecutive  days,  by  posting  edicts  on  the  bulletin  board 
of  the  tribunal,  informing  the  public  that  such  survey  is  to  take  place 
and  that  any  parties  having  any  objections  to  offer  may  present  them 
in  defense  of  their  interests  and  rights.  The  time  that  must  intervene 
between  the  last  day  of  the  publication  by  proclamation  and  the  sur- 
vey of  the  land  shall  not  exceed  four  days. 

ART.  55.  The  objections  referred  to  in  the  preceding  article  may  be 
presented  to  the  surveyor  in  charge  of  the  field,  who  shall  give  the 
proper  receipt  to  the  party  aggrieved  and  shall  continue  his  work, 
attaching  the  documents  so  delivered  to  the  record  of  survey.  Said 
objections  may  also  be  presented  to  the  General  Directorate  of  Civil 
Administration,  through  the  chief  authority  of  the  province,  within 
thirty  days  following  the  survey. 

ART.  56.  Immediately  after  completion  of  the  survey  and  measure- 
ment of  the  land  a  proper  record  thereof  shall  be  made  in  the  tribunal 
of  the  town,  to  be  delivered  at  once  to  the  petitioner  by  the  surveyor 
who  did  the  work,  receipt  therefor  being  taken. 

ART.  57.  The  record  shall  contain  the  name  in  full,  birthplace,  age, 
civil  status,  profession,  and  residence  of  the  party  in  whose  interest 
the  survey  was  made,  taken  from  his  "cedula  personal,"  and  also  the 
location,  extent,  and  boundaries  of  the  property  sought,  and  whether 
any  part  thereof  is  under  cultivation  or  covered  with  trees,  whether 
or  not  the  proclamation  was  made  and  the  proper  edicts  posted;  the 
record  shall  also  contain  the  date  of  the  survey,  whether  or  not  any 
objection  was  offered  at  the  time,  and  whether  or  not  the  objectors 
presented  and  delivered  any  document  in  support  of  their  claims. 

Associations  or  corporations  shall  be  designated  by  the  name  by 
which  they  are  known,  stating  also  their  residence  and  that  of  the 
party  who,  as  their  representative,  filed  the  petition  for  the  survey, 


32 

were  necessary  in  the  performance  of  his  work,  together  with  the 
following: 

1.  The  petition  of  the  party  in  interest,  which  should  be  kept  on 
view  during  the  survey  operations. 

2.  A  receipt  showing  delivery  to  said  party  in  interest  of  the  record 
of  survey  and  measurement. 

3.  Plan  or  sketch  of  the  land,  with  a  description  in  boundaries,  bear- 
ings, area  in  metric  measure  converted  into  the  local  system  used,  with 
a  graphic  recital  of  all  details  connected  with  the  measured  perimeter, 
including  inclosures,  buildings,  estuaries,  rivers,  streams,  public  roads, 
private  ways,  etc. ,  and  any  part  of  said  land  that  may  be  covered  with 
trees. 

4.  A  certificate  issued  by  the  surveyor  stating  the  conditions  of  the 
land,  whether  or  not  it  is  suitable  for  permanent  farming,  and  whether 
by  reason  of  its  special  orographic  conditions  it  can  influence  the  cli- 
mate, formation  of  torrents,  landslides,  etc.     The  certificate  shall  also 
contain  an  appraisement  of  the  timber  land,  if  there  is  any. 

ART.  59.  Upon  the  receipt  of  the  record  referred  to  in  article  56 
intending  purchasers  shall  make  application  to  the  General  Directorate 
of  Civil  Administration  for  the  sale  of  the  land,  accompanying  the  peti- 
tion with  said  record.  Said  petition  shall  be  presented  to  the  provin- 
cial board  having  jurisdiction  over  the  pueblo  where  the  land  is  situ- 
ated, who  shall  give  a  receipt  therefor  to  the  party  in  interest. 

The  provinicial  board  shall  examine  the  record,  and  after  getting 
particulars  from  the  tribunal,  if  it  be  deemed  necessary,  report 
whether  the  sale  petitioned  for  is  prejudicial  or  not  to  local  interests 
as  per  article  1,  exception  3  of  these  regulations,  or  for  other  reasons. 
Both  the  report  and  record  shall  be  forwarded  by  the  president  of  the 
board  to  the  General  Directorate  of  Civil  Administration. 

ART.  60.  Where  the  sale  is  granted  on  motion  of  the  administration 
the  procedure  shall  be  analogous  to  that  described  in  the  preceding 
articles  from  the  fifty-third  inclusive,  with  the  difference  that  the 
record  of  survey  and  measurement  of  the  land  is  to  be  attached  to  the 
main  record  by  the  suveyor  performing  said  work,  and  the  first-named 
record  shall  be  sent  by  the  General  Directorate  of  Civil  Administration 
to  the  proper  provincial  board  for  the  purposes  mentioned  in  article 
59,  subdivision  2. 

ART.  61.  The  General  Directorate  shall,  after  examining  all  the  facts 
submitted,  and  after  the  lapse  of  thirty  days  from  the  date  of  the  sur- 
vey, decide  whether  or  not  the  land  is  salable,  and  shall  issue  an  order 
accordingly,  allowing  or  refusing  the  sale.  If  the  sale  be  allowed  the 
General  Directorate  shall  set  the  price  "of  the  land  separately  from  that 
of  the  marketable  timber,  if  any  be  found  thereon,  after  consulting  the 
inspector  of  forests  with  regard  to  both  the  separate  appraisement  on 
the  timber  and  on  the  land  as  per  article  1.  exception  2,  of  these 
regulations. 


33 

ART.  62.  If  there  be  a  legitimate  doubt  as  to  whether  or  not  the 
land  is  alienable,  the  General  Directorate  shall  direct  that  before  any 
order  of  sale  issues  all  questions  pending  are  previously  settled  by  the 
administration  or  by  courts  of  justice  according  to  the  nature  of  said 
questions  and  the  respective  jurisdiction  of  the  administration  and 
courts. 

ART.  63.  When  the  sale  of  the  land  is  ordered  it  shall  be  announced 
two  months  before  the  sale  day,  if  it  is  to  take  place  in  the  island 
of  Luzon  or  In  the  Visayas,  but  if  in  other  islands  then  six  months 
before.  Said  publication  shall  be  made  in  the  Manila  Gazette  and  also 
by  proclamation  and  edicts,  in  Spanish  and  the  local  dialect,  in  the 
capital  of  the  province  as  well  as  in  the  puel)lo  where  the  land  lies  and 
in  the  adjacent  pueblos.  Said  publications  shall  designate  the  land, 
the  sale  price,  and  also  the  date  of  the  sale. 

ART.  64.  Individuals,  corporations,  and  legal  parties  claiming  &ny 
right  to  the  land  the  sale  whereof  has  been  initiated  may  file  their 
claims  with  the  General  Directorate  of  Civil  Administration  within 
thirty  days  from  the  date  of  the  announcement  of  the  sale  in  the 
Manila  Gazette,  and  submit  proof  that  they  are  in  actual  possession 
of  said  land  or  of  the  profits  thereof  by  means  of  the  documents  and 
in  the  manner  mentioned  in  article  25. 

ART.  65.  If  the  documents  referred  to  in  the  preceding  article  are 
presented  within  the  period  of  time  set  in  said  article,  upon  proof  of 
the  fac  tof  possession,  the  General  Directorate  shall  order  the  sale  pro- 
ceedings suspended  and  shall  so  notify  the  claimant,  who  may  within 
three  months  from  the  date  of  such  notice  show  by  proper  document 
any  evidence  that  he  has  begun  in  a  court  of  justice  an  action  to  sus- 
tain his  rights.  Said  evidence  shall  be  attached  to  the  record  of  the 
proceedings  for  sale,  and  the  latter  shall  remain  suspended  until  final 
judgment  affirming  or  denying  the  right  claimed  is  given  or  until  the 
litigation  is  ended  by  other  legal  means. 

ART.  66.  If  the  claimant  fails  within  the  designated  period  of  time 
to  present  the  documents  mentioned  in  article  64,  or  if  said  documents 
fail  to  establish  the  fact  of  actual  possession,  the  proceedings  for  the 
sale  of  the  land  shall  not  be  suspended  but  shall  continue  on  their 
course,  and  the  claimant  shall  then  have  the  right  to  institute  an  action 
before  a  court  of  law. 

If,  in  the  case  contemplated  in  article  65,  claimant  fails  to  present 
within  the  designated  period  any  evidence  showing  that  the  matter 
has  been  referred  to  an  ordinary  court  of  justice,  the  suspension  of 
the  sale  proceedings  shall  be  raised  and  the  same  continued,  without 
prejudice,  however,  to  any  action  that  may  be  instituted  thereafter  in 
accordance  with  common  law  rules. 

ART.  67.  All  claims  based  upon  the  fact  that  the  land  lies  within 
the  zone  which  has  been  or  is  to  be  granted  to  a  pueblo,  for  the  com- 
4486—01 3 


34 

nion  use  of  its  residents,  shall  be  filed  by  the  municipal  tribunal  of 
such  pueblo,  and  upon  the  filing  of  said  claim  the  sale  proceedings 
shall  be  suspended  until  the  matter  is  settled  by  cour.t  or  become 
barred. 

ART.  68.  The  General  Directorate  of  Civil  Administration  shall  have 
original  jurisdiction  of  claims  referred  to  in  the  preceding  article. 
The  decision  rendered  by  said  directorate  shall  be  communicated  to  the 
claimant  and  to  the  party  soliciting  the  sale,  where  it  was  not  initiated 
by  the  administration.  Either  party  dissatisfied  with  said  decision 
may  appeal  to  the  "contentious-administrative  tribunal"  or  to  an 
ordinary  court  of  justice,  according  to  the  jurisdiction  exercised  by 
either  court  in  the  case. 

ART.  69.  If,  within  three  months  from  date  of  the  notice  referred 
to  in  the  preceding  article,  the  claimant  files  with  the  General  Direc- 
torate of  Civil  Administration  the  proper  documentary  evidence  show- 
ing that  he  has  begun  an  action  in  any  of  the  courts  mentioned  in  said 
article,  the  said  evidence  shall  be  attached  to  the  proceedings  for  sale 
and  said  sale  shall  be  ordered  suspended  until  the  rendition  of  final 
judgment  by  said  court.  If,  however,  no  such  documentary  evidence 
be  filed  within  the  said  period  of  three  months, .  the  claim  shall  be 
barred  and  the  suspension  or  "embargo"  referred  to  in  article  67 
shall  be  raised  and  the  proceedings  for  sale  shall  be  continued  with- 
out prejudice  to  claimant's  right  to  institute  &ny  action  granted  him 
by  law. 

ART.  TO.  Whenever  a  sale  of  land  is  suspended  after  publication  of 
the  advertisement  of  sale,  said  suspension  shall  be  reported  to  the 
president  of  the  provincial  board  and  shall  be  published  in  the  Manila 
Gazette,  by  proclamation  and  edicts  in  the  capital  of  the  province,  in 
the  pueblo  where  the  land  lies,  and  in  the  adjacent  pueblos  in  ample 
time  before  the  day  set  for  the  sale. 

If  the  suspension  of  the  proceedings  be  discontinued  and  the  sale 
proceeds,  such  sale  shall  be  advertised  again  as  prescribed  in  article  63, 
but  the  period  of  time  set  by  said  article  shall  be  reduced  to  one-half, 
and  such  reduced  time  shall  not  be  used  for  the  hearing  of  a  further 
claim. 

ART.  71.  After  advertisement  of  a  sale  of  land  is  made  parties  wish- 
ing to  purchase  it  shall  present  a  written  petition  to  the  provincial 
board  within  the  period  of  time  prescribed  in  the  advertisements,  tak- 
ing a  receipt  therefor. 

If  the  sale  is  made  on  the  petition  of  a  party  such  party  need  not 
file  any  new  petition  in  order  to  be  considered  an  applicant  for  said 
land. 

ART.  72.  Should  the  sale  not  be  suspended  the  provincial  board 
shall  meet  on  the  day  and  at  the  hour  set  in  the  notices  for  the  pur- 
pose of  examining  the  bids  and  of  awarding  the  land. 


35 

If  there  be  but  one  bid  the  board  shall  award  the  land  at  the  price 
set  by  the  General  Directorate  of  Civil  Administration  without  any 
further  proceedings. 

If  there  be  two  or  more  bidders,  a  verbal  auction  shall  be  opened 
among  them.  The  provincial  board  shall  call  them  together  for  this 
purpose  after  giving  them  due  notice,  and  shall  award  the  land  to  the 
ughest  bidder. 

ART.  73.  The  record  of  the  award,  with  or  without  verbal  auction, 
signed  by  all  the  members  of  the  provincial  board,  shall  be  attached 
to  the  record  which  the  secretary  of  said  board  will  have  prepared, 
with  all  the  documents  relating  to  the  sale  of  the  land,  such  as  orders 
from  the  General  Directorate,  proceedings  of  publication  by  proclama- 
tion and  edicts,  etc. ;  and  this  record  so  formed  shall  be  filed  with  the 
General  Directorate  of  Civil  Administration. 

ART.  74.  The  administration  shall  examine  the  record  referred  to 
in  the  preceding  article,  rectify  any  defects  or  errors  in  said  record, 
approve  the  award,  and  order  the  party  to  whom  the  award  is  made 
to  pay  into  the  treasury  the  purchase  price  and  also,  in  addition 
thereto,  the  8  per  cent  tax  on  said  price,  as  prescribed  by  Royal 
Order  of  February  26,  1894,  already  quoted  in  article  32.  This  order 
shall  be  formally  communicated  to  the  party  to  whom  the  award  is 
made,  with  a  notice  that  he  must,  within  one  month  from  the  date  of 
such  notice,  file,  either  with  the  governor  of  the  province  where  he 
resides  or  with  the  Director-General,  receipts  showing  payment  of  the 
two  aforesaid  sums  of  money  and  also  stamped  paper  for  the  title  and 
for  all  the  stamped  paper  used  for  the  record,  under  penalty,  on  fail- 
ure to  do  so,  of  having  the  award  annulled,  with  loss  to  him  of  all  rights 
arising  out  of  his  being  a  party  to  the  proceedings  of  the  record. 

ART.  75.  The  receipts  referred  to  in  the  preceding  article  shall  be 
attached  to  the  record  and  the  title  deed  shall  be  issued  by  the  directorate 
if  no  formal  objection  or  claim  be  made;  and  if  such  objection  be  made 
by  a  party  claiming  any  interest  in  the  land,  then  only  a  mere  pos- 
sessory title  shall  be  issued.  In  the  latter  case  a  proper  deed  shall  be 
issued  as  soon  as  litigation  is  definitely  determined,  if  the  sale  be 
sustained. 

ART.  76.  The  titles  referred  to  in  the  preceding  article  shall  contain 
all  the  data  which  the  mortgage  law  and  the  mortgage  regulations 
require  for  registry,  and,  when  issued  by  the  General  Directorate,  shall 
be  officially  sent  to  the  proper  property  registrar  for  registration  and 
other  entries.  The  parties  in  interest  shall  be  notified  so  that  they  may 
get  their  title  deeds  from  the  registrar's  office. 

ART.  77.  Award  of  public  lands  to  persons  who  are  not  Spanish 
subjects  can  only  be  made  upon  the  following  conditions: 

First.  The  petitioner  must  be  a  resident  of  the  Philippine  Islands 
and  be  properly  registered. 


36 

Second.  In  case  such  alien  removes  his  residence  or  domicile  to 
another  country,  he  shall  be  obliged  to  sell  to  a  resident  of  the  Philip- 
pines the  property  which  he  has  acquired. 

Third.  In  case  of  succession,  heirs  not  having  residence  in  the 
Philippines  and  other  legal  qualifications  shall  be  obliged  to  sell,  just 
as  the  original  owners  were.  Foreign  associations,  companies,  or 
enterprises,  whether  residing  in  the  Philippine  Islands  or  not,  are 
absolutely  forbidden  to  acquire  property  within  the  territory  of  the 
islands. 


APPENDIX. 

Copy  of  a  decree  of  the  General  Directorate  of  the  Civil  Administra- 
tion published  in  the  Manila  Gazette,  No.  197,  July  17,  1896,  announc- 
ing the  rate  of  valuation  which  shall  govern  the  sales  of  state  lands  in 
each  province  of  the  archipelago. 

General  Directorate  of  the  Civil  Administration,  Forestry  Depart- 
ment: In  compliance  with  Articles  10  and  11  of  Royal  Decree  of 
February  13,  1894,  and  having  considered  the  reports  by  provincial 
boards  and  the  Forestry  Bureau  (Inspection  General  de  Montes),  this 
General  Directorate  decides  that  the  rate  of  valuation  in  the  sales  of 
state  lands  in  the  provinces  mentioned  shall  be  as  stated  below. 
Forest  land  shall  be  valued  separately. 

Published  for  general  information. 

Manila,  July  15,  1896. 

BORES. 


Rate  of  valuation  of  state  lands  which  do  not  contain  trees  jit  for  timber. 


Province. 

Price  per 
hectare 

(Mex.).a 

Date 
published 
in  Manila 
Gazette. 

Province. 

Price  per 
hectare 

(Mex.).a 

Date 

published 
in  Manila 
Gazette. 

Abra 

$7  00 

Dec    22  1895 

Leyte 

83.12 

Feb.  29,1896 

Albay                            

3.32 

July  26,1896 

Manila  

3.67 

Dec.  22,1895 

Antique 

1  41 

Feb    29  1896 

Mindoro                    

4.15 

Dec.  22,1895 

1  78 

Dec    22  1895 

Misamis 

3  39 

Dec    22  1895 

Batangas 

5  00 

Dec    22  1895 

Morong                        

3.17 

Dec.  22,1895 

Bohol 

5  19 

Dec    21  1895 

Negros  Oriental 

~     4  99 

Dec    22  1895 

Bulacan 

3  40 

Feb    29  1896 

Negros  Occidental 

4.99 

Dec.   22,1895 

Camarines  (Ambos)  

4.38 

Dec.   22,1895 

Nueva  Ecija  

3.60 

Dec.  22,1895 

Cavite 

1.54 

Dec    22  1895 

Pangasinan             

5.71 

June  26,  1896 

Capiz 

3  89 

Dec    22  1895 

Pampanga 

1  78 

Dec    22  1895 

Cagayan  de  Luzon 

3  27 

Feb.   29,1896 

Romblon         

4.29 

Dec.   22,1895 

Cebu 

2  94 

Feb    29  1896 

Sorsogon 

5  42 

May     9  1896 

Isabela  de  Luzon 

3  17 

Feb    29  1896 

Samar                 

5.11 

July  17,1896 

Iloilo 

1  08 

June  26  1896 

Surigao 

3  39 

Dec    22  1895 

Ilocos  Norte 

9  99 

Dec.  22  1895 

Tayabas          

6.79 

Feb.  29,1896 

Ilocos  Sur 

10  00 

May     9  1896 

Tarlac 

3  75 

Dec.   22  1895 

Laguna 

3.04 

Dec    22  1895 

Zam  bales    

3.20 

Dec.  22,1895 

al  hectare=2.47  acres. 


ABSTRACT  OF  THE  PRINCIPAL  DECREES,  ORDERS,  CIRCULARS, 
ETC.,  RELATING  TO  STATE  LANDS, 

WITH  EXPLANATORY  NOTES  FROM  1858  TO  AUGUST  13,  1898,  TOGETHER  WITH  A  SHORT 
HISTORY  OF  THE  CIRCUMSTANCES  CONNECTED  WITH  THE  ADJUSTMENTS  OF  LANDS 
FROM  1880  TO  AUGUST  13,  1898. 1 


LAWS   RELATING   TO   THE    SALES   OF   LANDS. 

Royal  Order,  February  15,  1858,  on  adjudications  of  lands  in  the 
Sabani  Valley,  N.  Ecija.     (Very  instructive  order.) 
(Guide,  R.  Berriz,  p.  71.) 

Royal  Order,  March  16,  1858,  approves  the  adjudications  of  lands 
of  the  Hacienda  "La  Esperanza"  N.  Ecija.  (Contains  useful  infor- 
mation.) 

(Guide,  p.  58.) 

Royal  Order,  March  27,  1861,  directs  that  prices  of  lands  be  fixed 
by  the  " Superintendent  de  Hacienda." 
(San  Pedro,  vol.  8,  p.  400.) 

Royal  Order,  February  4,  1862,  fixes  the  minimum  sum  to  be 
received  by  the  State  from  buyers  of  lands.  (Said  Roj^al  Order  directs 
that  for  the  present  said  minimum  sum  shall  be  50  cents  for  each 
quinon  of  land,  without  prejudicing  the  right  to  make  subsequent 
changes  deemed  necessary.) 

(Guide,  p.  54.) 

Royal  order,  July  5,  1862,  approves  the  adjudication  of  lands  in  the 
valley  of  Sabani,  Nueva  Ecija.  (This  is  the  decision  which  was  the 
subject  of  royal  order,  February  15,  1858,  cited  at  the  beginning  of 
this  statement.) 

(Guide,  p.  78.) 

Order,  November  10, 1864,  of  the  superior  civil  government  of  these 
islands  publishes  the  current  legislation  upon  sales  and  adjudications 
of  government  lands. 

(Man.  Gac.,  No.  259,  November  15,  1864.) 

1  August  13,  1898,  is  the  date  of  American  occupation  of  the  Philippine  Islands. 

37 


38 

Order,  June  8,  1874,  of  the  superior  civil  government,  on  method 
of  acquiring  lands;  also  prohibits  clearing  of  land  by  fire. 
(Man.  Gac.,  No.  158,  June  9,  1874.) 

Royal  order,  November  7,  1876,  prescribes  the  course  of  documents 
relating  to  the  acquisition  of  public  lands. 
(Official  bulletin  of  the  Min.  of  Ult.) 

Royal  Order,  November  14,  1876,  declares  that  the  State  is  pre- 
pared to  cede  lands  for  agricultural  purposes  at  a  low  price  to  natives. 
(With  this  Royal  Order  it  was  hoped  that  agriculture  would  be  greatly 
extended,  and  arbitrary  appropriations  and  clearing  by  fire  would  be 
avoided.) 

(Official  Bulletin  of  the  Min.  of  Ult.;  Guide,  p.  51.) 

Decree,  August  28,  1880,  of  the  General  Government  specifies  the 
course  of  documents  relating  to  the  acquisition  of  lands.  (This  decree 
merits  attention.) 

(Man.  Gac.,  No.  242,  Aug.  31,  1880.) 

Royal  Order,  September  23,  1880,  directs  that  a  set  of  regulations 
governing  sales  be  framed.     (Clear  and  precise.) 
(Man.  Gac.,  No.  330,  Nov.  27,  1880.) 

Royal  Order,  November  25,  1880,  approves  the  decree  of  August 
28,  1880,  with  modifications.  (Among  other  modifications  are:  That 
the  sales  of  land,  when  dry  lands,  shall  not  exceed  1,000  hectares,  500 
same  class  covered  with  trees  fit  for  timber,  and  100  of  those  classified 
in  article  6  and  known  as  lands  "which  at  a  small  cost  can  be 
irrigated. ") 

(Man.  Gac.,  No.  76,  Jan.  26,  1881.) 

Royal  Order,  November  27, 1880,  approves  action  of  council  of  state 
in  their  adjudication  of  the  lands  in  valley  of  Sabani,  Nueva  Ecija. 
(The  report  made  by  the  council  of  state,  March,  1880,  an  extract  of 
which  accompanied  the  Royal  Order,  is  notable,  in  which  is  cited 
various  laws  of  the  Regulations  of  Adjustments  of  June  25,  1880.) 

(Man.  Gac.,  No.  65,  Mar.  6,  1881;  Guide,  p.  16.) 

Royal  Order,  November  15,  1881,  creates  the  commission  for  sales 
of  lands.  (Great  benefit  would  have  resulted  to  the  country  had  this 
commission  been  allowed  to  act  for  any  length  of  time;  was  abolished 
by  Royal  Order  of  March  8,  1886.) 

(Man.  Gac.,  No.  33,  Feb.  2,  1882;  Book  of  Official  Acts.) 

Decree,  June  22,  1882,  of  the  General  Government  concerns  the 
alienation  of  lands. 

(Man.  Gac.,  No.  173,  June  24,  1882;  Guide,  p.  85.) 


39 

Royal  Order,  November  3,  1882,  approves  the  Superior  Decree  of 
June  22,  last.  (Approved  provisionally,  until  publication  of  the 
Regulations  of  Sales.) 

(R.  Berriz  Diet.,  vol.  1,  p.  117,  1888.) 

Royal  Decree,  January  19,  1883,  approves  the  regulations  govern- 
ing sales.  (These  regulations  were  the  first  modern  legislation  on 
sales  based  on  former  acts.  In  force  to  March  20,  1889,  date  when 
regulations  of  January  26,  1889,  were  published.) 

(Man.  Gac.,  No.  177,  June  28,  1883;  Guide,  p.  59.) 

Superior  Decree,  May  5,  1883,  orders  that  the  assistance  of  the 
gobernadorcillos  in  measuring  lands  shall  be  obligatory. 
(Man.  Gac.,  No.  128,  of  May  10,  1883;  Guide,  p.  (ST.) 

Sales  Regulations,  October  16,  1883,  treats  of  acquisition  of  lands 
by  foreigners  and  foreign  companies.  (This  explanation  was  made  at 
request  of  consuls  of  Russia,  Germany,  and  France.) 

(Man.  Gac.,  Jan.  10,  1884;  Guide,  p.  70.) 

Royal  Order,  May  20,  1884,  directs  that  sales  be  not  made  simulta- 
neously in  all  the  provinces,  but  only  in  certain  places. 
(Guide,  p.  325.) 

Royal  Order,  June  11,  1884,  declares  that  regulations  of  sales  went 
into  effect  upon  date  of  its  publication. 

(Man.  Gac.,  No.  211,  July  31,  1884;  Guide,  p.  64.) 

Royal  Order,  November  14,  1884,  declares  that  the  regulations  of 
sales  can  not  have  a  retroactive  effect. 
(Guide,  p.  66.) 

Decree,  November  20, 1884,  of  the  Intendencia  General  de  Hacienda 
directs  that  the  "  expedientes "  commenced  before  the  28th  of  June, 
1883,  be  dispatched  according  to  former  legislation. 

(Man.  Gac.,  Nov.  22,  1884;  Guide,  p.  64.) 

Royal  Order,  March  8,  1886,  abolishes  the  commission  of  sales  and 
adjustments,  and  reduces  the  personnel  of  Forestry  Department.  (This 
order  was  followed  by  a  reduced  revenue  from  sales  and  adjustments 
of  lands.) 

(Man.  Gac.,  No.  172,  June  23,  1886.) 

Royal  Order,  April  28,  1886,  approves  the  regulations  for  the  gov- 
ernment of  the  superior  board  on  sales. 
(Man.  Gac.,  No.  172,  June  23,  1886.) 


40 

Royal  Decree,  January  26,  1889,  approves  new  regulations  govern- 
ing sales.  (In  force  to  April  IT,  1894.) 

(Man.  Gac.,  No.  77,  Mar.  20,  1889;  R.  Berriz,  Diet.,  Appendix, 
p.  10,  1893.) 

The  Direccion  General,  August  9,  1883,  directs  that  petitions  relat- 
ing to  lands  be  made  out  in  accordance  with  the  requirements  of  arti- 
cle 3  of  the  sales  regulations.  (Requires  full  description  of  land.) 

(Man.  Gac.,  No.  588,  Aug.  11,  1893;  R.  Berriz,  Diet.,  p.  72,  1893.) 

Superior  Decree,  October  13,  1893,  directs  that  a  fund  of  10  per 
cent  of  sales  be  created  to  pay  extra  expenses  of  employees.  (In  force 
to  April  18,  1894,  date  when  Royal  Order  of  February  26,  1894, 
reduced  this  to  8  per  cent.) 

(Man.  Gac.,  No.  652,  Oct.  15,  1893;  R.  Berriz,  Diet,  p.  72,  1893.) 

The  Inspeccion,  November  26,  1893,  communicates  an  order  from 
the  Gobierno-General  directing  that  action  be  suspended  on  "expe- 
dientes  "  relating  to  Manglares,  Nipales,  and  Marisinas  (lands  covered 
by  sea  water).  (In  force  to  August  13,  1898.) 

(Copy  of  the  order  of  the  Governor-General  burnt  Sept.  27,  1897.) 

Royal  Decree,  February  13,  1894,  relates  to  adjustment  and  aliena- 
tion of  lands,  town  commons,  and  other  property  belonging  to  towns. 
(No  lands  were  conceded  under  this  Royal  Decree.  In  force  to 
August  13,  1898.) 

(Man.  Gac.,  No.  106,  Apr.  17,  1894.) 

Circular,  February  14,  1894,  of  the  Intendencia  General  de  Haci- 
enda declares  that  the  contract  of  sale  should  be  given  before  the  title. 
(In  force  to  August  13,  1898.) 

(Faro  administrative,  p.  35,  1894.) 

Royal  Order,  February  26,  1894,  abolishes  the  tax  of  "Medias 
annatas  "  and  dispensation  of  royal  confirmation,  and  directs  that  8  per 
cent  of  the  value  of  sales  and  adjustments  be  paid  and  applied  to  the 
expenses  of  surveying,  etc.  (In  force  to  August  13,  1898.) 

(Man.  Gac.,  No.  107,  of  Apr.  18,  1894.) 

Royal  Order,  August  14,  1894,  concedes  a  period  of  six  months  in 
which  to  complete  the  "  expedientes "  of  sales  now  under  considera- 
tion, under  the  regulations  of  1883,  and  twelve  months  to  finish  those 
of  the  year  1889  now  under  consideration. 

(Man.  Gac.,  No.  275,  Oct.  4,  1894.) 

Royal  Order,  February  13,  1895,  directs  that  the  8  per  cent  from 
adjustments  be  turned  into  the  treasury,  and  the  8  per  cent  on  sales  to 
"special  funds"  for  expenses  referred  to  in  Royal  Order,  February 
26,  1894.  This  fund  to  be  taken  into  account  in  the  estimate  for  the 
current  year.  (In  force  to  August  13,  1898.) 

(Man.  Gac.,  No.  96,  Apr.  6.) 


41 

Superior  decree,  February  21,  1895,  approves  provisionally  the 
land  regulations  which  carry  into  effect  Royal  Decree,  February  13, 
1894.  (In  force  to  August  13,  1898,  approved  by  Royal  Order,  Jan- 
uary 31,  1897;  articles  32  and  74  were  modified.) 

(Man.  Gac.,  No.  57,  Feb.  26,  1895,  and  in  that  of  Mar.  1  appears 
the  correction  of  art.  87  of  said  regulations.) 

Superior  decree,  April  13,  1895,  directs  provisionally  that  the  8 
per  cent  of  the  value  of  the  lands  in  adjustment  or  sale,  where  the 
field  work  was  done  by  parties  not  connected  with  this  department,  be 
placed  in  the  treasury  as  a  deposit. 

(Man.  Gac,,  No.  105,  Apr.  17,  1895.) 

Superior  decree,  February  6,  1896,  concerns  the  designation  of  the 
forest  zones  and  the  formation  of  "a  descriptive  list  of  the  state  lands. 
(Not  even  attempted  up  to  August  13,  1898.) 

(Man.  Gac.,  No.  50,  Feb.  19,  1896.) 

Royal  Order,  January  31,  1897,  approves  the  decree  of  the  General 
Government  of  April  13,  1895,  as  to  the  8  per  cent  and  is  explanatory 
of  articles  32  and  74  of  the  regulations  of  February  21,  1895.  (Not 
in  harmony  with  Royal  Decree,  April  13,  1895.) 

(Man.  Gac.,  Apr.  13,  1897.) 

Royal  Order,  January  31,  1897,  approves  the  regulations  of  February 
21,  1895,  which  carry  into  effect  Royal  Decree  of  February  13,  1894, 
and  modifies  articles  32  and  74  of  said  regulations.  (In  force  to 
August  13,  1898.) 

(Man.  Gac.,  Apr.  23,  1897.) 

AGRICULTUEAL    COLONIES. 

Royal  Decree,  September  4,  1884,  approves  the  law  of  agricultural 
colonies.     (In  force  to  August  13,  1898.) 
(Man.  Gac.,  Nov.  18,  1884,  p.  366.) 

Royal  Order,  March  25,  1888,  approves  the  gratuitous  concession  of 
public  lands  by  the  General  Directorate  of  Civil  Administration  upon 
condition  that  proper  application  be  made,  and  that  the  Inspeccion 
General  de  Montes  (Forestry  Bureau)  be  consulted  on  technical  ques 
tions.  In  explanation  of  Royal  Decree,  September  4, 1884.  (In  force 
to  August  13,  1898.) 

(Man.  Gac.,  No.  139,  May  20,  1888;  BerrizDict.,  1881,  vol.  1,  p.  393.) 

ADJUSTMENT    OF    STATE    LANDS. 

Roval  Decree,  June  25,  1880,  approves  regulations  for  adjustment 


42 

Royal  Order,  November  27,  1880,  approves  the  decree  of  the  Gen- 
eral Government  of  August  28,  1880,  with  a  few  modifications. 
(Guide,  p.  12;  Book  of  Official  Acts,  p.  47.) 

The  first  modification  has  lately  been  repealed  by  the  rules  governing 
sales,  approved  by  Royal  Decree  of  January  19,  1883,  and  by  Royal 
Decree  of  January  26,  1889,  approving  other  sales  regulations,  and 
lately  by  Royal  Decree  of  February  13,  1894,  which  legislation  does 
not  fix  a  limit  to  the  acquisition  of  lands  either  by  adjustment  or  sale. 
The  other  modifications  were  in  force  until  the  13th  of  August,  1898. 

Leniency  has  been  shown  in  matters  which  relate  to  the  presentation 
of  title  of  surveyor  and  payment  of  corresponding  dues. 

(Man.  Gac.,  No.  26,  Jan.  26,  1881;  Guide,  p.  16;  Book  of  Official 
Acts.) 

Circular,  July  14,  1881,  of  the  Direccion-General  de  Administration 
Civil  (General  Directorate  of  Civil  Administration)  specifies  the  method 
of  proving  possession  of  lands.  (In  force  to  August  13,  1898,  with 
slight  modifications.  See  article  25,  regulations,  February  21,  1895.) 

(Man.  Gac,,  No.  194,  July  15,  1881;  Guide,  p.  24;  Book  of  Official 
Acts.) 

Royal  Order,  April  19,  1881,  extends  time  one  year  in  which  to 
solicit  adjustment  of  lands  wider  cultivation,  does  not  apply  to'  uncul- 
tivated lands. 

(Man.  Gac.,  No.  249,  Oct.  8,  1881;  Guide,  p.  24,  Book  of  Official 
Acts.) 

Circular  April  26,  1881,  from  theDireccion  General  de  Administra- 
cion  Civil  prescribes  that  work  connected  with  the  "  expedientes"  of 
adjustments  of  lands  is  administrative  and  gratuitous.  (In  force  to 
August  13,  1898.) 

(Man.  Gac.,  No.  238,  Aug.  28,  1881;  Guide,  p.  31;  Book  of  Official 
Acts.) 

Circular  September  30,  1881,  of  Direccion  General  de  Adininistra- 
cion  Civil  advises  public  that  lands  should  be  adjusted,  and  inclosing 
blank  forms  as  models.  (These  blank  forms  used  to  August  13,  1898.) 

(Man.  Gac.,  No.  272,  Oct.   1,  1881;  Guide,  p.  419;  Book  of  Official 

Acts.) 

Royal  Order,  August  26,  1881,  gives  instructions  as  to  the  method  of 
acquiring  possession  of  state  lands  either  by  sale  or  adjustment.  (In 
force  to  August  13,  1894,  except  article  1  referred  to  in  treating  of 
Royal  Order,  November  27,  1880.) 

(Man.  Gac.,  No.  350,  Dec.  18,  1881;  Book  of  Official  Acts.) 


43 

Circular,  November  10,  1881,  from  the  General  Directorate  gives 
instructions  as  to  mode  of  procedure  in  cases  of  adjustments  of  lands. 
(In  force  to  August  13,  1898,  the  3d,  4th,  5th,  6th,  7th,  and  8th  instruc- 
tions for  lands  of  the  second  group,  and  appear  in  article  18,  Regula- 
tions, February  21,  1895.) 

(Man.  Gac.,  No.  314,  Nov.  12,  1881;  book  of  official  acts.) 

Circular,  December  6,  1881,  of  the  General  Directorate  in  reference 
to  proofs  of  possession  of  the  titles  presented  by  owners,  and  the  regis- 
tration in  the  provinces  of  titles  by  adjustment,  issued  by  the  adminis- 
tration. (In  force  to  August  13,  1898.) 

(Man.  Gac.,  No.  341,  Dec.  9,  1881;  Guide,  p.  28;  Book  of  Official 
Acts.)  • 

Circular,  January  31,  1882,  of  the  Direccion  General  of  Adminis- 
tracion  Civil  states  the  time  allowed  for  the  presentation  of  petitions 
soliciting  adjustments  and  the  mode  in  which  they  are  to  be  presented. 
(In  force  to  August  13,  1898.) 

(Man.  Gac.,  No.  33,  Feb.  2,  1882;  Book  of  Official  Acts.) 

Royal  Order,  July  28, 1882,  extends  time  for  solicitation  of  adjust- 
ment of  cultivated  lands.     (In  force  to  April  IT,  1894.) 
(Man.  Gac.,  No.  276,  Oct.  5,  1882.) 

Decree  September  12,  1882,  of  the  Governor-General  relating  to 
article  16  of  the  Forestry  Regulations  concerns  allowance  of  personnel 
of  forestry  service.  (In  force  to  April  18,  1894.) 

(Man.  Gac.,  No.  257,  Sept.,  1882;  Guide,  p.  48;  Man.  Gac.,  Sept.  29, 
1884.) 

Decree  May  5,  1883,  of  the  Governor-General  states  when  the  assist- 
ance of  the  gobernadorcillos  in  the  measurement  of  lands  shall  be 
obligatory.  In  case  the  land  for  sale  or  adjustment  is  situated  within 
the  town  commons  or  is  adjoining,  the  gobernadorcillo  or  his  repre- 
sentative is  obliged  to  assist  under  penalty  of  a  fine.  If  the  land  is 
beyond  the  town  commons  and  does  not  join  it,  the  gobernadorcillo 
is  not  obliged  to  assist,  but  he  will  be  notified  and  can  go  or  send  a 
representative  if  he  deems  it  convenient.  (In  force  to  February  21, 
1895;  new  regulations  then  went  into  force.) 

(Man.  Gac.,  No.  128,  May  10,  1883.) 

Royal  Order,  July  25,  1884,  interprets  article  16  of  the  regulations 
of  June  25,  1880,  and  approves  the  decree  of  the  Governor-General  of 
September  12,  1882.  (In  force  to  April  18,  1898.) 

(Man.  Gac.,  No.  271,  Sept.  29,  1884.) 


44 

Royal  Order,  October  22,  1884,  specifies  the  kind  of  stamped  paper 
to  be  used  for  titles  of  lands  granted  by  sale  or  adjustment.  (In  force 
to  July  1,  1886.) 

(Man.  Gac.,  No.  349,  Dec.  16,  1884;  Guide,  p.  47.) 

Royal  Decree,  December  26,  1884,  modifies  the  form  of  and  the 
course  of  petitions  for  adjustments  of  lands  and  creates  the  provincial 
and  municipal  boards.  (In  force  to  November  1,  1888.) 

(Man.  Gac.,  Mar.  20,1885;  Guide,  p.  33;  Berriz  Diet,  vol.  1,  pp. 
117,  ed.  1888.) 

Royal  Order,  December  26,  1884,  extends  time  for  presentation  of 
petitions  for  adjustments  until  the  last  of  June  and  asks  if  a  further 
extension  be  advisable.  (In  force  to  April  17,  1894.) 

(Was  not  published  in  Man.  Gac.;  the  department  had  an  official 
copy  which  was  burned  with  other  records  in  the  fire  of  September 
28,  1897.) 

Decree,  March  25,  1885,  of  the  Governor-General  gives  instructions 
for  the  execution  of  Royal  Decree  of  December  26  ultimo.  (In  force 
to  December  19,  1885.) 

(Man.  Gac.,  Mar.  29,  1885;  Guide,  p.  38.) 

Royal  Order,  December  19,  1885,  disapproves,  among  other  things, 
the  superior  decree  of  March  25,  1885. 

(Was  not  published  in  Man.  Gac.;  official  copy  burnt  in  fire  of 
Sept.  28,  1897.) 

Decree,  January  11,  1886,  of  the  General  Directorate  orders  the 
formation  of  local  and  provincial  boards  of  adjustments  of  lands,  and 
directs  that  they  send  in  estimates  of  sums  required  for  office  expenses. 

(Man.  Gac.,  No.  17,  Jan.  17,  1886.) 

Decree,  November  4,  1887,  of  the  Governor-General  approves,  the 
rules  to  govern  the  provincial  boards,  created  by  Royal  Decree,  Decem- 
ber 26,  1884,  for  the  adjustment  of  government  lands.  (In  force  to 
November  1,  1887.) 

(Man.  Gac.,  No.  131,  of  Nov.  8,  1887;  Berriz  Diet.,  vol.  15,  p.  77.) 

Royal  Order,  December  28,  1887,  directs  that  the  time  allowed  for 
soliciting  adjustments  of  lands  shall  expire  June  30,  1888,  without 
prejudice  to  those  who  have  land  under  cultivation  and  could  justify 
the  caufee  of  failure  to  present  petition  before  said  time.  (In  force  up 
to  issuance  of  new  regulation,  April  17,  1894.) 

(This  Royal  Order  was  not  published  in  Man.  Gac.  The  official  copy 
was  burnt  in  fire  of  Sept.  28,  1897.) 

Royal  Decree,  August  31,  1888,  modifies  the  laws  of  adjustments  of 
lands  and  abolishes  the  local  boards.     (In  force  to  Apr.  17, 1894.) 
(Man.  Gac  ,  124,  of  Nov.  1,  1888;  Berriz  Diet.,  vol.  1,  p.  120, 1888.) 


45 

Royal  Order,  November  20,  1888,  approves  instructions  for  the 
provincial  boards.  (In  force  to  Aug.  13,  1898.) 

(Man.  Gac.,   No.  173,   Dec.  20,  1888;  Berriz  Diet.,  vol.   1,  p.  124, 

1888.) 

April  4,  1889,  The  "Inspeccion"  (Forestry  Bureau)  directs  that  the 
valuation  of  lands  be  made  to  conform  with  the  prices  as  expressed 
in  Regulations  of  Sales.  (In  force  up  to  time  of  new  regulations, 
February  13,  1894.) 

(Official  copy  was  burned  in  fire  of  Sept.  27,  1897.) 

April  10,  1889,  Superior  Decree  approves  estimate  of  expenses  for 
material,  office  of  the  board,  and  advises  as  to  the  part  which  "Inspec- 
cion "  will  take  in  the  distribution  of  material.  (In  force  to  August 
13,  1898,  with  modification  Superior  Decree  September  7,  1889.) 

(Man.  Gac.,  p.  100,  Apr.  12,  1889;  Berriz  Diet.,  p.  49,  1889.) 

Superior  Decree,  September  7, 1889,  modifies  third  and  fourth  rules 
of  Superior  Decree,  April  10,  1889.     (In  force  to  August  13,  1898.) 
(Man.  Gac.,  255,  Sept.  12,  1889.) 

Royal  Order,  April  15,  1890,  declares  that  titles  granted  by  adjust- 
ment by  the  General  Directorate  may  be  registered  in  the  "Register 
of  Property."  (In  force  to  Aug.  13,  1898.) 

(Man.  Gac.,  No.  164,  June  15,  1890.) 

Royal  Order,  February  3,  1891,  announces  that  registrars  of  prop- 
erty shall  be  members  of  the  boards.     (In  force  to  August  13,  1898.) 
(Man.  Gac.,  No.  86,  Mar.  28,  1891;  Berriz  Diet.,  p.  153, 1891.) 

Royal  Order,  March  16,  1891,  recommends  that  compliance  with  the 
law  of  mortgages  be  facilitated,  and  declares  that  "possessory  infor- 
mation" and  adjustments  are  not  antagonistic.  Owners  can  choose 
either  method  in  order  to  obtain  title.  (Man.  Gac.,  No.  171,  of  June 
21,  1891;  Berriz  Diet.,  p.  512, 1891.) 

Superior  Decree,  March  11, 1891,  approves  the  estimate  of  expenses 
of  the  provincial  boards  for  1891. 

(Man.  Gac.,  No.  83,  of  Mar.  25,  1891;  Berriz  Diet.,  p.  154,  1891.) 

Decree,  March  18,  1892,  of  the  General  Directorate  directs  that  inter- 
ested parties  upon  petitioning  for  adjustment,  remit,  inclosed  with  the 
petition,  information,  writing,  or  documents  proving  ownership.  (In 
force  to  April  17,  1894.) 

(Man.  Gac.,  No.  140,  May  20,  1892;  Berriz  Diet.,  p.  16,  1892.) 

Royal  Order,  January  12,  1893,  directs  that  titles  by  adjustment 
be  registered  within  one  year,  noting  the  provisions  of  article  18  of 
the  law  of  mortgages,  and  the  "Promotores  Fiscales"  shall  note  in  the 


46 

information  if  the  lands  referred  to  are  Government  lands  or  not.     (In 
force  to  August  13,  1898.     No  penalty  for  neglecting  to  register.) 
(Man.  Gac.,  No.  429,  Mar.  5, 1893;  Berriz  Diet.,  p.  69, 1893.) 

Royal  Order,  February  15,  1893,  directs  that  in  drawing  up  titles 
of  adjustment  the  provisions  of  article  20  of  instructions  for  drawing 
up  titles  subject  to  registry  be  complied  with.  (In  force  to  August 
13,  1898.) 

(Man.  Gac.,  No.  429,  Mar.  5,  1893;  Berriz  Diet.,  p.  20,  1893.) 

Order,  May  10, 1893,  of  the  General  Directorate  prohibits  the  grant- 
ing of  titles  by  adjustment  and  action  on  petitions  by  provincial 
boards  unless  the  interested  party  gives  his  civil  status.  (In  force 
to  August  13,  1898,  insomuch  as  relates  to  the  extract  quoted  only.) 

(Man.  Gac.,  No.  498,  May  14,  1893;  R.  Berriz  Diet.,  p.  70, 1893.) 

May  18,  1893,  exempts  judge  of  first  instance  from  attendance  upon 
provincial  boards  of  adjustment.     (In  force  to  August  13,  1898.) 
(Man.  Gac.,  No.  556,  July  11,  1893;  R.  Berriz  Diet.,  p.  70,  1893.) 

Superior  Decree,  July  18,  1893,  directs  that  in  the  provinces  organ- 
ized with  civil  government  the  government  official  shall  exercise  the 
functions  of  secretary  of  the  provincial  boards  and  in  the  (politico- 
military  districts)  the  employees  recommended  by  the  respective  mil- 
itary chiefs  shall  be  appointed  by  the  General  Directorate.  (In  force 
to  August  13, 1898.  Was  confirmed  or  approved  by  Royal  Order  Octo- 
ber 24,  1893.  Man.  Gac.,  No.  710,  Dec.  12,  1893;  R.  Berriz  Diet., 
p.  72,  1893.) 

(Man.  Gac.,  No.  577,  Aug.  1,  1893. 

Superior  decree,  July  28,  1893,  directs  that  the  amount  of  the  esti- 
mate of  expenses  for  provincial  boards  be  distributed  in  the  same 
manner  as  in  the  previous  year. 

(Man.  Gac.,  No.  577,  Aug.  1,  1893,  R.  Berriz  Diet.,  p.  71,  1893.) 

Circular,  August  9, 1893,  of  the  General  Directorate  advises  that  in 
inscribing  the  personal  status  of  individuals  in  titles  by  adjustment, 
the  description  taken  from  his  "Cedula"  will  be  sufficient.  (In  force 
to  August  13,  1898.  This  agrees  with  article  40  of  the  Regulations  of 
February  21,  1895,  enforcing  Royal  Decree,  February  13,  1894.) 

(Man.  Gac.,  No.  587,  Aug.  11,  1893,  R.  Berriz  Diet.,  p.  71,  1893.) 

Superior  decree,  October  13,  1893,  directs  that  a  fund  amounting  to 
10  per  cent  of  the  value  of  sales  and  adjustments  of  lands  be  formed 
in  order  to  pay  extra  (traveling,  etc.)  expenses  of  personnel.  (In  force 
to  April  18,  1894,  when  Royal  Order,  February  26,  1894,  was  pub- 
lished reducing  amount  to  8  per  cent. 

(Man.  Gac.,  No.  652,  Oct.  15,  1893.) 


47 


The  Inspeccion  (Forestry  Bureau)  communicates  an  order  from  the 
Governor- General  directing  that  action  be  suspended  on  all  petitions 
for  sale  and  adjustments  of  lands  "Manglares,"  Nipales,  and  lands  sub- 
ject to  inundation  by  sea,  until  the  course  of  these  u  expedientes  "  be 
determined  upon.  (In  force  to  August  13,  1898;  not  decided  to  this 
date.) 

(The  circular  which  the  "Inspeccion"  sent  to  the  districts  of  Visayas 
and  Mindanao  is  in  this  office,  but  the  decree  of  the  Governor-General 
was  burned  in  the  fire  of  Sept.  27,  1897.) 

Royal  Decree,  February  13,  1894,  upon  adjustments  and  concessions 
of  lands  (town  commons)  and  other  properties  of  the  towns.  (In  force 
to  August  13,  1898.) 

(Man.  Gac.,  No.  106,  Apr.  17,  1894.) 

Circular,  February  14,  1894,  of  the  General  Directorate  directs  that 
blank  forms  of  titles  furnished  provincial  boards  must  be  stamped, 
numbered,  and  have  the  rubric  of  the  inspector  upon  them.  All  titles 
issued  since  October  18,  1893,  which  do  not  fulfill  these  requisites  are 
void.  (In  force  to  August  13, 1898.) 

(Man.  Gac.,  No.  55,  Feb.  24,  1894.) 

Royal  Order,  February  26,  1894,  abolishes  the  fees  of  "medias 
annatas"  and  orders  that  for  sales  and  adjustments  individuals  shall 
pay  8  per  cent  of  the  value,  to  be  applied  to  the  payment  of  expenses 
of  survey,  etc.  (In  force  to  August  13,  1898.) 

(Man.  Gac.,  No.  107,  Apr.  18,  1894.) 

Circular,  April  23, 1894,  from  the  General  Directorate  directs  that  no 
new  petitions  for  adjustments  be  received,  only  renewed  applications. 
That  the  boards  for  adjustment  of  lands  be  dissolved  and  that  the 
provincial  boards  compile  statements  of  the  petitions  received  up  to 
April  17,  and  calculate  price  of  the  lands.  (This  circular  was  pub- 
lished in  order  to  carry  into  effect  various  articles  of  the  Royal  Decree 
of  February  13,  1894.) 

(Man.  Gac.,  No.  114,  Apr.  25,  1894.) 

Superior  decree,  June  22, 1894,  directs  that  in  provinces  where  pro- 
vincial boards  are  constituted,  created  by  the  decree  of  municipal 
organization  of  May  19,  1893,  all  data,  etc.,  will  be  turned  over  to 
them  by  the  boards  for  adjustment  of  lands  created  by  Royal  Decree 
of  December  26,  1884,  and  confirmed  by  that  of  August  31,  1888. 
And  local  commissions  for  adjustment  of  lands  will  turn  over  all  data, 
etc.,  in  their  possession  to  the  municipal  tribunals  of  the  towns.  (This 
superior  decree  was  promulgated  in  order  to  put  into  effect  article  6 
of  Royal  Decree  of  February  13, 1894.  Was  approved  by  Royal  Order, 
August  28,  1894.) 

(Man.  Gac.,  No.  177,  June  27,  1894.) 


48 

Decree,  September  19, 1894,  of  the  General  Directorate  concerns  the 
publication  of  the  statements  of  petitions  of  adjustment  which  have 
been  compiled  by  the  Inspeccion  and  by  the  boards. 

(Man.  Gac.,  No.  296,  Oct.  25,  1894.  The  statements  were  pub- 
lished as  ordered  by  article  7,  Royal  Decree,  February  13,  1894.) 

Decree,  September  29, 1894,  of  the  General  Directorate  to  the  chiefs 
of  provinces  directs  that  the  towns  which  have  town  commons  fix 
their  boundaries  and  mark  them,  and  those  which  have  none  to  for- 
ward petitions  soliciting  same.  (Some  towns  solicited  grants,  but  the 
work  of  surveying  and  marking  was  never  carried  into  effect.  Very 
few  towns  have  town  commons  surveyed  and  conceded  by  the  state.) 

(Man.  Gac.,  Oct.  7,  1894.) 

Superior  decree,  October  26,  1894,  orders  the  distribution  of  the 
credit  for  the  expenses  of  the  boards  of  adjustment.  (Only  one  in 
force  to  August  13,  1898.) 

(Man.  Gac.,  No.  301,  Oct.  30,  1894.) 

Royal  Order,  February  13,  1895,  directs  that  the  8  per  cent  of 
value  of  lands  adjusted  shall  go  into  treasury,  and  the  8  per  cent  of 
sales  into  "special  funds"  on  account  of  expenses  referred  to  in  Royal 
Order,  February  26,  1894.  (In  force  to  August  13,  1898.) 

(Man.  Gac.,  No.  96,  Apr.  6,  1895.) 

Superior  decree,  February  21,  1895,  approves  provisionally  the 
regulations  for  carrying  into  effect  the  provisions  of  Royal  Decree  of 
February  13,  1894.  (In  force  to  August  13,  1898;  was  approved  by 
Royal  Order,  January  31,  1897,  but  articles  32  and  74  were  modified.) 

(Man.  Gac.,  No.  57,  Feb.  26,  1895.  In  the  Gac.,  No.  60,  of  March 
1,  appears  the  correction  of  article  87  of  said  regulations  on  account 
of  error  in  copy  published  in  the  Gac.  of  26th.) 

Superior  decree,  April  13,  1895,  directs  provisionally  that  the  8  per 
cent  of  the  value  of  lands  sold  or  adjusted  shall  go  into  the  Treasury 
as  a  deposit  in  cases  where  the  field  work  was  done  by  persons  not 
belonging  to  the  Forestry  Department. 

(Man.  Gac.,  No.  105,  Apr.  17,  1895.) 

Circular,  May  3,  1895,  of  the  General  Directorate  to  the  chiefs  of 
the  provinces,  recommending  that  towns  solicit  town  commons  and 
send  in  estimate  of  amount  needed  for  the  surve}^  of  same.  (This  cir- 
cular was  published  in  order  to  put  into  effect  the  provisions  of  article 
24  of  Royal  Order,  February  13,  1894.) 

(Man.  Gac.,  No.  50,  Feb.  19,  1895.) 

Superior  decree,  February  6,  1896,  concerns  the  designation  of  for- 
est zones  and  a  statement  of  the  public  lands.  (Decree  published  in 


49 

compliance  with  article  30  of  Royal  Decree,  February  18,  1894.  The 
work  referred  to  was  never  done,  nor  even  commenced  up  to  August 
13,  1898.) 

(Man.  Gac.,  No.  50,  Feb.  19,  189&.) 

Superior  decree,  January  11,  1897,  grants  free  5  hectares  of  land 
to  such  mobilized  volunteers  who  may  solicit  same  within  one  year. 
(Various  parcels  of  land  were  solicited  and  measured,  and  correspond- 
ing titles  were  about  to  be  issued  when  the  Spanish-American  war 
took  place.) 

(Man.  Gac.,  No.  12,  Jan.  12,  1897.) 

Royal  Order,  January  31,  1897,  approves  the  regulations  published 
February  21,  1895,  for  enforcing  the  Royal  Decree  of  February  13, 
1891,  but  modifies  articles  32  and  74  of  said  regulations.  (In  force  to 
August  13,  1898.) 

(Man.  Gac.,  Apr.  23,  1897.) 

Royal  Order,  January  31,  1897,  approves  the  decree  of  the  Gov- 
ernor-General of  April  13,  1895,  in  reference  to  the  8  per  cent,  and 
explains  articles  32  and  74  of  the  regulations  of  February  21,  1895. 
(The  last  part  is  not  clear — it  does  not  agree  with  the  decree  of  April 
13,  1895,  which  approves  this  Royal  Order,  nor  is  it  in  accord  with 
main  part  of  said  Royal  Order.) 

(Man.  Gac.,  Apr.  23,  1897.) 

Royal  Order,  January  31,  1897,  prohibits  extension  of  time  allowed 
to  verify  the  "possessory  information"  referred  to  in  chapter  4, 
Royal  Decree,  February  13,  1897.  (In  force  to  August  13,  1898.) 

(Man.  Gac.,  Apr.  23,  1897.) 
4486—01 4 


REMARKS  BY  GREGORIO  BASA,  ASSISTANT  FORESTER. 


A  brief  recital  of  the  working  of  the  process  of  adjustment  of  lands 
during-  the  period  of  the  modern  legislation,  viz,  from  September  s, 
1880,  date  of  publication  of  the  regulations  of  June  25, 1880,  to  August 
13,  1898. 

The  former  authorities  of  this  countiy  were  profoundly  impressed 
with  the  important  effect  which  the  adjustment  of  the  titles  of  lands 
would  have  on  the  political,  social,  and  economic  future  of  these  islands 
by  changing  simple  possession  to  true  ownership,  thus  placing  property 
upon  a  solid  basis  and  enabling  its  inhabitants  to  enjoy  all  the  benefits 
which  result  from  the  security  of  propert}7  rights,  to  which  end  the 
Inspection-General  de  Montes,  as  well  as  the  Direccion-Ueneral  de 
Administracion  Civil,  more  especially  the  latter,  labored,  as  is  evident 
in  all  the  acts  published  by  them  or  under  the  signature  of  the  (jovernor- 
General,  and  from  the  year  1880  until  Spanish  sovereignty  ceased  in 
these  islands. 

These  beneficent  and  wise  dispositions  were  so  well  received  by  the 
landholders  that  before  the  expiration  of  the  time  of  one  year  allowed 
by  article  8  of  the  regulations,  there  had  been  presented  many  thousands 
of  petitions  for  adjustment. 

This  number  was  still  further  increased  when  Royal  Order  of  April 
ID,  1881,  was  published,  extending  the  time  one  year,  but  only  for 
cultivated  lands,  thus  placing  a  premium  upon  cultivation  of  the  soil. 

The  Forestry  Department,  as  well  as  the  Direccion  de  Administra- 
cion Civil,  used  every  endeavor  to  satisfactorily  dispatch  these  peti- 
tions, and  gave  careful  attention  to  all  those  soliciting  adjustment  of 
lands  or  other  land  disputes,  settling  such  claims  with  administrative 
resolutions,  and  thus  avoiding  the  annoying  judicial  "expedientes" 
which  would  result  if  a  recourse  would  be  had  to  the  ordinary  tribunals. 

This  preparatory  course  was  followed  soon  afterwards  by  a  survey 
of  the  lands  and  issuance  of  titles  under  the  direction  of  such  cele- 
brated engineers  as  Vidal,  Jordana,  Escasura,  Saniz  de  Baranda 
(Filipino),  and  others,  whose  fame  yet  resounds  among  the  inhabitants 
of  these  islands. 

The  centralization  of  the  "  expedientes  "  of  adjustments  in  one  office, 

namely,  the  Forestry  Department,  gave  such  excellent  results  that 

many  owners  presented  new  petitions,  although  the  time  granted  by 

Royal  Order  of  April  19  had  expired,  which  fact  induced  the  Madrid 

50 


51 

Government  to  concede  a  third  Extension  of  time  by  means  of  the 
Royal  Order,  July  28,  1882. 

The  work  of  adjusting  titles  of  lands  was  not  finished,  but  great 
progress  had  been  made.  Royal  Decree  of  December  26,  1884,  was 
issued;  this  modified,  or  rather  decentralized,  the  dispatching  of  this 
class  of  "  expedientes,"  authorizing  other  organizations  created  by 
this  decree,  namely,  provincial  and  municipal  boards,  to  take  charge  of 
and  dispatch  the  greater  part  of  their  "expedientes,"  leaving  a  small 
portion  to  the  Forestry  Bureau  which  before  this  had  charge  of  them 
all. 

So  strict  was  this  order  that  after  the  Forestry  Bureau  had  classified 
simple  petitions  in  the  first,  second,  and  third  groups  indicated  in  the 
Royal  Decree  and  remitted  them  to  the  provincial  boards  on  adjust- 
ment of  lands,  and  who  had  charge  of  the  first  two  groups,  and  hav- 
ing advised  the  Government  at  Madrid  of  this  fact,  orders  were 
received  requiring  the  Forestry  Bureau  to  classify  in  the  same  way  the 
"expedientes"  of  lands  already  measured  by  the  personnel  of  the 
department,  and  remit  them  to  the  provincial  boards,  so  that  they  and 
the  local  boards  might  take  action  and  issue  the  proper  titles,  thus 
neutralizing  a  work  which  had  cost  time  and  money.  The  bad  efl'ects 
of  this  measure  were  soon  apparent,  for  notwithstanding  the  fact  that 
many  difficulties  were  overcome  in  the  organization,  instruction,  and 
management  of  the  provincial  and  local  boards  of  adjustment  results 
were  not  satisfactory. 

These  boards  mentioned  above  should  never  have  been  placed  in 
charge  of  such  an  important  matter,  the  adjudication  of  which 
required  a  special  knowledge  and  sound  judgment. 

These  boards  were  heterogeneous  and  loose  bodies.  The  provincial 
board  was  composed  as  follows:  The  governor  or  chief  of  province  as 
president,  the  administrator  or  delegate  of  hacienda,  the  parochial 
curate  of  the  provincial  capital,  the  gobernadorcillo  of  the  same,  and 
the  oldest  member  of  the  municipal  boards,  as  members,  and  an 
assistant  of  the  Department  of  Fomento  or  a  Government  official  as 
secretary.  The  local  board  was  composed  of  the  parochial  curate  as 
honorary  president,  the  gobernadorcillo  as  active  president,  and  three 
members,  viz,  the  oldest  past  captain,  a  head  of  barangay,  and  the 
oldest  resident  of  the  barrio  in  which  were  situated  the  lands  to  be 
adjusted. 

As  the  positions  of  the  principal  members  were  insecure,  the  con- 
stant change  was  prejudicial  to  the  proper  execution  of  their  duties. 
At  that  time  the  governors  and  gobernadorcillos  had  much  to  attend 
to,  and  it  was  impossible  for  them  to  give  this  matter  proper  attention. 
So  great  was  the  extent  of  land  to  be  adjusted  that  there  were  not  suf- 
ficient licensed  surveyors  to  measure  them.  The  government  accepted 
the  services  of  unlicensed  surveyors,  in  many  instances  incompetent, 
resulting  in  great  prejudice  to  the  state  and  individuals. 


52 

Under  the  plea  of  economy  the  commission  of  sales  and  adjustments 
(composed  of  individuals  belonging1  to  the  Forestry  Bureau)  was 
abolished  by  Royal  Order  of  March  8,  1886. 

The  commission  of  flora  and  fauna  was  also  abolished,  and  the 
services  of  many  engineers  and  a}^udantes  dispensed  with,  all  of  which 
worked  great  injury  not  only  to  the  forestry  service  but  to  the  adjust- 
ment of  lands. 

The  work  of  compiling  a  descriptive  catalogue  of  the  state  lands, 
the  delineation  of  the  forest  zones,  and  the  replanting  of  the  forests,  so 
necessary  in  Cebu,  Bohol,  and  other  parts,  was  never  done,  nor  even 
attempted,  due  to  the  reduction  of  the  force  in  the  forestry  service. 
Grave  irregularities  were  reported  from  some  of  the  provinces,  show- 
ing that  the  officials  were  using  their  power  as  a  means  of  furthering 
their  own  ends.  These  reports  may  be  found  in  the  archives  of  the 
Council  of  Administration,  if  not  forwarded  to  Madrid.  In  1896  this 
department  officially  informed  the  fiscal  of  Her  Majesty  at  the  court 
of  Madrid  of  frauds  in  the  adjustment  of  lands  and  the  granting  of 
titles  perpetrated  in  Pangasinan  l>y  a  Spanish  official  of  high  position, 
where  wild  forest  lands  were  falsely  represented  as  being  under  culti- 
vation and  in  the  possession  of  certain  parties  for  many  years,  in 
violation  of  the  regulations  for  gratuitous  adjustments. 

The  persons  soliciting  adjustment  of  lands,  weary  of  the  endless 
delay  and  subjected  to  extortions  by  rapacious  officials  on  every  side, 
generally  abandoned  further  efforts  and  contented  themselves  with 
remaining  on  their  lands  as  simple  squatters,  subject  to  eviction  by  the 
State  at  any  time. 

This  state  of  affairs  having  come  to  the  knowledge  of  the  Madrid 
Government,  Royal  Decree  of  August  31, 1888,  as  a  remedial  measure, 
was  promulgated,  classifying  the  lands  into  two  groups.  It  abolished 
the  local  boards  and  ordered  the  Governor-General  to  decide  what 
fines  should  be  imposed  upon  the  provincial  and  local  boards,  gober- 
nadorcillos,  and  other  officials  who  should  fail  in  their  duty. 

This  Royal  Decree  was  accompanied  by  instructions  formulated  by 
the  Forestry  Bureau  and  approved  by  Royal  Order  October  20,  1888. 
The  former  petitioners  and  others  renewed  their  efforts  to  have  their 
lands  adjusted  and  obtain  titles.  As  the  new  decree  differed  very 
little  from  the  former,  the  results  were  about  the  same.  No  change 
had  been  made  in  the  personnel  of  the  provincial  boards.  The  method 
of  selection  was  bad,  as  so  many  were  appointccf  through  favoritism 
and  through  other  questionable  means.  Their  positions  were  so  inse- 
cure that  instances  are  on  record  in  which  the  same  ship  that  brought 
over  an  officeholder  also  brought  the  order  for  his  removal.  Thus, 
from  a  decree  such  as  that  of  August  31,  and  from  such  a  class  of 
officials,  good  results  could  not  be  expected. 

If  all  in  charge  of  this  matter,  from  the  governors  of  provinces  down 
to  the  lowest  official,  had  done  their  duty,  better  results  would  have 


53 

been  obtained.  The  officials  in  minor  positions  should  have  been 
punished  for  their  derelictions.  The  writer,  who  was  a  functionary 
for  a  long  time  in  the  Spanish  service,  has  never  known  of  but  one 
instance  where  a  chief  of  province  or  a  higher  official  was  punished 
for  irregularities  committed  in  cases  of  adjustment  of  lands. 

In  some  cases  of  irregularities  of  prominent  persons  communications 
were  sent  reproving  or  warning  them,  but  these  communications  were 
never  published  in  the  Gazette,  under  the  false  idea  that  by  so  doing 
Spanish  prestige  would  be  lowered,  as  if  these  men  were  not  as  fallible 
as  other  sons  of  Adam,  and  this,  in  the  exercise  of  strict  justice,  was 
not  a  laudable  action. 

If  any  of  the  authorities,  even  the  Governor-General  himself,  should 
presume  to  punish  influential  persons,  civil  or  religious  corporations, 
they  would  soon  experience  retaliation,  as  happened  to  that  fervent 
Catholic,  eminent  and  just  man,  General  Despujol,  formerly  Governor- 
General  of  these  islands. 

For  a  short  time  after  the  promulgation  of  Royal  Decree  of  August 
31, 1888,  a  few  squatters  renewed  their  efforts,  in  a  languid  manner,  to 
perfect  their  titles.  It  was  felt  by  the  authorities  that  the  necessity 
of  taking  some  remedial  action  in  the  matter  was  so  pressing  that 
Royal  Decree  of  February  13,  1894,  was  promulgated,  which  was  the 
last  sovereign  act  relative  to  the  subject-matter.  It  did  not  produce  the 
desired  results.  The  vast  majority  of  the  squatters  had  lost  faith  in 
the  government,  as  is  evidenced  from  the  fact  that  while  article  5  of 
the  above-mentioned  decree  orders:  "Those  who  have  solicited  adjust- 
ment of  lands,  and  to  whom  titles  have  not  yet  been  issued,  shall 
renew  their  petitions  within  six  months,  to  date  from  the  17th  of 
April,  1894,  the  date  said  Royal  Decree  was  published  in  the  Gaceta 
de  Manila.  Said  time  will  not  be  further  extended."  Very  few  peo- 
ple complied  with  this  requirement  which  would  have  strengthened 
their  titles  as  they  were  at  the  time  mere  squatters. 

The  minister  in  submitting  this  Royal  Decree  to  the  Queen  of  Spain 
states  in  the  preamble  that  there  are  200,000  unfinished  "  expedientes" 
relating  to  sales  and  adjustments  of  lands;  but  the  writer,  who  was  in 
a  position  to  know  the  facts,  can  reliably  state  that  the  unfinished 
"expedientes"  relating  to  adjustments  alone  exceeded  double  that 
number,  while  the  number  of  renewed  applications  does  not  reach 
3,000,  or  about  1  per  cent  of  the  total  number. 

How  sad  a  state  of  afl'airs  when  so  important  a  class  of  citizens  as 
the  farmers  lose  faith  in  the  government — when  the  ties  which  bind 
the  governors  and  the  governed  have  disappeared. 

It  might  be  said  that  it  is  not  proper  to  impute  a  want  of  faith  in 
the  government  to  those  squatters  who  had  never  solicited  adjust- 
ment of  lands,  yet  notwithstanding  the  fact  that  their  interests 
demanded  that  they  solicit  a  gratuitous  title  of  ownership  of  the  lands 
by  means  of  "  possessory  information,"  according  to  the  provisions 


54 

of  articles  19,  20,  and  21  of  said  Royal  Decree,  up  to  August  13,  1898, 
the  number  of  "  expedientes"  of  "  possessory  information"  which 
accompanied  petitions  for  gratuitous  titles  were  about  200,  which  is 
insignificant  when  compared  with  the  large  number  of  squatters. 

The  writer  was  commissioned  to  form  indices  of  the  unfinished 
expedientes  of  adjustments  ordered  made  by  article  7  of  the  above- 
mentioned  Royal  Decree  for  publication  in  the  Gaceta  de  Manila  and 
remission  to  the  Minister  of  Ultramar.  Only  a  small  part  of  these 
indices  were  published.  He  was  also  in  charge  of  the  registration  of 
the  documents  known  as  "possessory  information,"  referred  to  in 
articles  19,  20,  and  21  of  the  Royal  Decree  of  February  13,  1894,  and 
from  the  documents  he  handled  and  those  he  calculated  were  in  the 
hands  of  the  provincial  boards  relating  to  r-djustments  and  which  were 
unfinished  he  estimates  amounted  to  more  than  400,000,  while  there 
were  not  more  than  200  "expedientes"  of  "possessory  information" 
registered. 

Much  more  of  an  unfavorable  character  might  be  said  of  the  "pos- 
sessory information "  documents,  but  the  haste  with  which  this  is 
written  and  its  character  of  a  simple  relation  of  a  few  facts  will  not 
admit  of  it. 

The  foregoing  is  a  brief  history  of  the  vicissitudes  which  have 
attended  the  efforts  to  adjust  the  titles  of  lands  in  these  islands  during 
the  regime  of  the  modern  legislation. 

Perhaps  it  may  be  said  that  passion  was  the  incentive  for  relating 
certain  censurable  acts,  but  to  correct  so  many  mistakes  committed  in 
a  matter  of  such  great  importance  as  that  relating  to  the  ownership  of 
land  wounds  the  spirit,  causes  the  heart  to  rise  in  rebellion,  only  to 
fall  again  in  deepest  despair,  at  times  buoyed  up  by  hopes  of  great 
remedies  which  were  never  realized  or  came  too  late  to  be  of  any  value. 

The  most  impartial  observer  could  not  view  the  above  without  point- 
ing out  the  defects  of  such  an  imperfect  system  and  condemning  the 
authors  of  the  same. 

Before  concluding  it  will  not  be  too  much  to  say-  that  he  who  suc- 
cessfully regulates  the  adjustment  of  titles  to  the  lands  in  these  islands 
will  merit  a  crown  of  glory,  receive  the  congratulations  of  an  obedient 
and  grateful  people,  and  guarantee  the  political  policy  which  may  be 
implanted,  promote  agriculture — the  basis  of  wealth  in  any  country— 
and  as  a  consequence  contribute  to  the  welfare  of  its  inhabitants,  and 
prevent  a  possibility  of  a  repetition  of  the  evils  of  the  past.  As  the 
learned  Spanish  writer  Jovellanes  says  in  his  opinion  on  the  agrarian 
laws,  etc.:  "Everything  relating  to  society  is  intimately  joined  or 
allied  to  politics  as  surely  as  the  phenomena  of  nature  are  bound 
together;  one  bad  law  may  ruin  an  entire  nation,  as  a  spark  ignited  in 
the  bowels  of  the  earth  produces  convulsions  and  earthquakes  extend- 
ing at  times  over  a  great  extent  of  its  surface." 


I^DEX. 


Page. 

Adjacent  property  owners  to  be  notified 23 

Adjudication  of  lands  in  the  Sabina  Valley 37 

of  La  Esperanza  hacienda 37 

Adjustment  and  sale  of  lands,  laws  relating  to 7,  8 

of  lands 10 

petitions -for 10, 21 

Advertisements  must  be  in  dialect  of  locality  where  land  is  located 12 

posted  on  bulletin  boards  two  months  before  sale. . .  12, 31 

Agricultural  colonies 11,  29, 41 

Alienable  land,  how  determined 13 

Alienation  of  crown  lands 29 

public  lands 11,  29 

state  lands,  authority  for 9, 11 , 19,  29 

Announcement  of  sale  of  land 33 

Appeals  from  decisions  from  General  Directorate 14 

Appeals  to  the  contentious-administrative  tribunal 34 

Authorities  consulted 5 

Authority  to  approve  or  change  fixed  price  of  land 12 

alienate  state  lands '*,  1 9 

Authorized  officials  to  make  survey 12 

Barrio,  definition  of,  note 22 

Blank  forms  for  titles  must  be  stamped 47 

Boards  for  adjustment  of  lands  supersedevl  by  other  bodies 21 

disposition  of  their  records 21 

Boundary  marks  to  be  placed  at  orders  of  president  of  the  board 28 

Cash  must  be  paid  for  lands 1 1 , 29 

Certificate  of  surveyor 32 

survey,  what  to  contain 12 

Claims  may  suspend  issue  of  deeds,  when 14 

Clearing  land  by  fire  prohibited 38 

Colonies,  agricultural 1 1,  29, 41 

Commission  for  sale  of  lands 38 

of  flora  and  fauna  abolished 52 

Common  law  provisions,  when  applicable 16 

Communal  land  transferred  to  private  ownership - 

property  to  be  entered  in  registry  of  property 16 

Concessions  of  public  lands 7 

Contentions  as  to  ownership,  how  decided 

Contents  of  title 27,  35 

Correction  of  defect  in  orders  for  sale  of  lands 

Cost  of  survey,  documents,  stamps,  etc.,  to  be  paid  by  purchaser'. 17 

Crown  lands  awarded  to  persons  not  subject  to  Spain,  how 15 

considered  salable 10 

how  passed  to  private  ownership 11,  29 

what  are  so  considered 9, 19 

55 


56 

Page. 

Defects  on  orders  for  sale  of  lands,  how  corrected 13 

Definition  of  barrio,  note 22 

Degree  of  error  in  survey  that  will  be  allowed 17 

Descriptive  catalogue  of  state  lands  never  made 52 

Designation  of  forest  zones 41 

Determination  of  alienable  lands 13 

Development  of  agriculture,  laws  to  promote 7 

Difficulties  of  securing  adjustments  of  land ". 52 

Directorate-General  of  Civil  Administration 10, 1 1, 

12, 13, 14, 16, 17, 19,  21,  22,  27,  28,  29,  30, 31, 

32,  33,  34,  35,  36,  43,  44,  45,  46,  47,  48,  50 

Documents  to  be  attached  to  petition  for  adjustment 25 

examined  by  the  board 25 

relative  to  land,  when  to  be  presented 33 

Duties  of  municipal  tribunals  relative  to  lands 11,  21 

the  surveyor 24 

Early  land  laws,  their  spirit 7 

Kmbargo  on  sale,  when  raised 34 

Expenses  of  employees,  how  paid 40 

incident  to  survey,  documents,  stamps,  etc;.,  to  be  borne  by  pur- 
chaser   17 

Failure  to  pay  for  land  annuls  order  of  sale 13 

Fees  payable  to  surveyors 28 

Foreign  corporations  forbidden  to  acquire  land 15 

Foreigners  may  acquire  land,  how 1 5,  35 

Foresters,  provincial  corps  of 9 

Forest  lands  to  be  described,  inventoried,  and  surveyed 20 

Forests,  which  are  considered  as  crown  lands 9, 1 9 

Gobernadorcillos,  duties  of,  in  relation  to  land  sales 22,  23,  24,  31 

Governor  to  issue  order  for  title  to  be  granted 27 

Grants  of  communal  land  must  be  recorded  in  the  register  of  property 17 

published  in  Manila  Gazette 17 

land  made  to  discoverers 7 

natives 7 

Gratuitous  adjustments  of  land 25 

Grazing  land  for  towns 16 

Groups  into  which  lands  are  divided 21 

Hearing  of  protests  against  adjustments  of  lands 26 

History  of  adjustment  of  lands 50 

Holdings  of  land  forbidden  to  foreign  corporations 15 

Index  of  pending  adj  astments 54 

Inhabitants  of  islands  at  time  of  discovery 7 

Irrigable  lands 38 

Kind  of  stamped  paper  to  be  used  for  land  titles 44 

Land  ceded  at  a  low  price  to  natives 

divided  into  two  groups 52 

granted  to  the  discoverers 7 

the  original  inhabitants 7 

in  litigation  not  adjustable 26 

irregularities  reported  in  some  provinces 52 

laws  in  force  August  13,  1898 9  ct  seq. 

open  to  adjustment  reverts  to  the  state,  when 20 

originally  granted  gratuitously 7 


57 

Page. 

Land  reserved  to  the  state 9, 10' 

reverts  to  the  state,  when 16 

sales  must  be  advertised  in  Manila  Gazette 12 

sales  must  be  advertised  in  capital  of  province 12 

subject  to  adjustment  classified  into  two  groups 21 

Description  of  first  group 21 

second  group 21 

titles,  how  issued 13 

unoccupied  at  time  of  discovery 7 

Laws  for  adjustment  and  sale  of  lands 7,8 

Law  of  civil  procedure,  when  applicable 20 

Legislation  intended  to  develop  agriculture 7 

protect  residents  and  natives 7 

Legua  comunal,  how  allotted 16 

List  of  authorities  consulted 5 

surveyor's  fees 28 

Local  dialects,  when  employed 31 

Minimum  sum  to  be  received  by  the  state  for  lands 37 

Mortgage  law,  when  applicable 20 

Municipal  tribunals,  their  duties  with  reference  to  lands 11,  21 

Notice  of  survey  to  be  given 31 

Offenses  committed,  how  punished 29 

Officials  authorized  to  make  surveys  - 12 

Onerous  adjustments  of  land 25 

Orders  awarding  land,  how  to  be  signed 13 

Original  grants  were  gratuitous 7 

Parish  priest  must  join  in  petition  for  legua  comunal 16 

Parties  in  possession  of  alienable  crown  lands  may  acquire  title,  Tiow 15 

Pasture  lands  for  towns 16 

Payments  to  be  made  to  the  state  for  adjustments  of  land 26 

Per  cent  of  errors  that  will  be  tolerated  or  excused 17 

Period  for  filing  documents  after  survey 24 

Periods  granted  for  production  of  documents 25 

Personal  status  to  be  taken  from  "cedulas" 46 

Personnel  of  forestry  department  reduced 39 

Persons  who  must  be  present  at  a  survey 23 

Petitions  for  adjustment  of  lands  to  be  indexed _ 11 

Certified  copies  to  be  sent  to  minister  for  the  colonies 11 

Digest  of  same  to  be  published  in  the  Manila  Gazette 11 

communal  lands  to  be  forwarded  to  general  directorate 16 

lands  referred  to  presidents  of  provincial  boards 22 

adjustment  of  lands 10, 21 

land  sales,  who  may  make 12 

How  filed 13 

Must  be  accompanied  by  a  record 13 

lands  to  be  published 22 

purchase,  when  and  how  filed 13 

sale  of  lands 32 

sale,  to  whom  addressed 30 

what  to  contain 30 

Plat  of  the  land  surveyed,  how  prepared 24 

Population  of  the  islands  at  their  discovery 7 

Possessory  proceedings 15 


58 


Practical  expert,  when  he  may  perform  duties  of  surveyor  ...................  23 

Prescriptive  title,  procedure  to  acquire  .....................................  15 

Price  of  land,  how  obtained  ...............................................  1  1,  29 

Price  of  land  to  be  fixed  every  live  years  ..................................  30 

published  in  the  Manila  Gazette  ........................  30 

capital  of  the  province  ..................  30 

Private  ownership  in  crown  lands,  how  secuced  ............................  1  1  ,  29 

of  communal  land  .........................  .  ............  8 

Proceedings  for  adjustment  of  lands,  free  of  charge  .........................  28 

Procedure  to  acquire  prescriptive  title  ......................................  15 

when  petition  includes  lands  not  within  jurisdiction  of  provincial 

boards  .............................  .  ........................  22,  30 

when  petition  includes  lands  in  two  or  more  provinces  ............  22,  23 

when  petition  includes  lands  in  several  barrios  ...................  22 

when  there  is  more  than  one  petition  ...........................  13 

Progress  in  adjusting  titles  to  lands  ...........................  ^  ............  51 

Provincial  board  to  determine  average  price  for  land  ........................  12 

description  of  ............................................  51 

Provincial  corps  of  foresters  ...............................................  9 

Provisions  for  serious  errors  in  survey  .....................................  17 

of  common  law,  when  applicable  ................................  16 

Publication  of  petitions  for  lands  ..........................................  22 

Public  lands,  alienation  of  ................................................  11,  29 

concessions  of  ...............................................  7 

Punishment  for  offenses  ..................................................  29 

Purchase,  petition  for,  how  filed  ..........................................  13 

Readvertisement  for  sale,  when  necessary  ..................................  34 

Record  book  for  registration  of  titles  .......................................  28 

of  awards  to  be  attached  to  the  record  ..............................  35 

proceedings  to  be  filed  ........................................  .  .  28 

survey  to  be  signed  by  whom  ....................................  23,  31 

Records  burned,  September  28,  1897  ..............  .........................  44 

Regulations  for  land  sales  .................................................  8 

water  rights  not  to  be  disturbed  ............................  9 

Report  of  all  proceedings  had,  and  titles  granted  ...........................  29 

Rightof  "tanteo"  .......................................................  10,20 

Royal  orders,  orders,  decrees,  and  circulars: 
Relating  to  sales  of  land  — 

February  15,  1858  ........................  i  .......................  37 

March  16,  1858  ...................................................  37 

March  27,  1861  ...................................................  37 

February  4,  1862  .................................................  37 

JulyS,  1862  ......................................................  37 

November  10,  1864  ...............................................  37 

June  8,  1874  .....................................................  38 

November  7,  1876  ................................................  38 

November  14,  1876  ...............................................  38 

August  28,  1880  ..................................................  38 

September  23,  1880  ...............................................  38 

November  25,  1880  ...............................................  38 

November  27,  1880  .....  ..........................................  38 

November  15,  1881  .................................  ..............  38 

June  22,  1882  ....................................................  38 


59 

Royal  orders,  orders,  decrees,  and  circulars — Continued.  Page. 

Relating  to  sales  of  land — Continued. 

November  3,  1882 39 

January  19,  1883 39, 42 

May  5,  1883 39 

October  16, 1883 39 

May  20,  1884 ., 39 

June  11,  1884 39 

November  14, 1884 39 

November  20,  1884 52 

March  8,  1886 38,  39, 52 

April  28,  1886 39 

January  26,  1889 40,  42 

October  13,  1893 40 

November  26,  1893 40 

February  13,  1894 40,  41,  42,  46,  47 

February  14,  1894 40 

February  26,  1894 .' 40, 46 

August  14,  1894 40 

February  13,  1895 40 

February  21,  1895 41, 42 

April  13,  1895 41 

February  6,  1896 41 

January  31,  1897 41 

Relating  to  agricultural  colonies: 

September  4,  1884 11,29,41 

March  25,  1888 41 

Relating  to  adjustment  of  state  lands: 

June  25,  1880 11,41 

November  27,  1880 42 

July  14,  1881 42 

April  19,  1881 42,  50 

April  26,  1881 42 

September  30,  1881 42 

August26,  1881 42 

November  10,  1881 43 

December  6,  1881 43 

January  31 , 1882 43 

July  28, 1882 43,  51 

September  12, 1882 43 

May  5, 1883 43 

July  25, 1884 43 

October  22, 1884 44 

December  26, 1884 10,  44,  47, 51 

March  25, 1885 44 

December  19, 1885 44 

January  11, 1886 44 

November  4, 1887 44 

December  28, 1887 44 

August  31, 1888 11,  21,  44,  52,  53 

November  20, 1888 45 

April  4, 1889 45 

April  10, 1889 45 

September  7, 1889 45 


60 

Royal  orders,  orders,  decrees,  and  circulars — Continued.  PUKO. 
Relating  to  adjustment  of  state  lands — Continued. 

April  15, 1890 45 

February  3, 1891 45 

March  16, 1891 45 

March  11, 1891 45 

March  18, 1892 45 

January  12, 1893 , 45 

February  15, 1893 27,  46 

May  10, 1893 40 

May  18,  1893 46 

July  18,  1893 46 

July  28,  1893 46 

August  9,  1893 46 

October  13,  1893 46 

February  13,  1894 20,  21,  36,  47,  48,  49,  53,  54 

February  14,  1894 47 

February  26,  1894 26, 47, 48 

April  23,  1894 47 

June  22,  1894 47 

September  19,  1894 48 

September  29,  1894 4S 

October  26,  1894 48 

February  13,  1895 48 

February  21,  1895 1 48 

April  13,  1895 48 

May  3,  1895 4S 

February  6,  1896 4S 

January  11,  1897 4:» 

January  31,  1897 4s,  49 

Salable  land,  how  determined 32 

Sales  of  land  must  be  for  cash 11 ,  29 

regulations  for 

when  suspended 33,  34 

Schedule  of  surveyor's  fees 

Second  petition  for  adjustment  of  lands 10,  21 

Special  surveyor,  how  secured 

Spirit  of  first  land  laws  enacted 7 

State  lands  ordered  to  be  surveyed 9 

Stamped  paper  that  must  accompany  each  title  deed 

Subscribers  to  the  record  of  survey 23,  31 

Successors  of  the  board  of  adjustment 

Survey  must  be  preceded  by  advertisement 12,31 

necessary  before  sale 12, 30 

not  included  in  price  of  land 11 

of  state  lands  ordered •> 

ordered  by  General  Directorate 30 

Surveyor  to  be  substituted  by  a  practical  expert  (perito  practice),  when 

definition  of 23 

Suspension  of  sale,  how  terminated 

survey,  when  ordered 23 

Table  of  surveyor's  fees 28 

"Tanteo,"  right  of -  10,  20 

Time  granted  for  filing  documents  after  survey 24 


61 

Page, 

Timber  on  land  not  included  in  price  thereof 32 

Title  must  contain,  what 27,  35 

to  crown  lands  revert  to  state,  when 10 

land,  how  issued 13 

be  forwarded  to  registrar's  office  for  record 14 

' '  legua  comunal, ' '  how  secured 15 

Towns  must  fix  the  boundaries  of  their  communal  lands 48 

Town  property 16 

Two  or  more  bidders,  how  treated 35 

Unoccupied  land  at  the  discovery  of  the  islands 7 

Urban  property 16 

Valuation  of  lands  not  containing  timber 36 

Water  rights  not  to  be  injured 9 

Witnesses  of  a  survey 23 


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